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r 


SOUTHERN  BRANCH, 

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V  CA^      I'    S 


#/>        lllDrary 

Institute  of  Industrial  Relations 

University  of  California 

Los  Angeles  24,  California 


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STATE  OF  NEW  YORK 

HO 

ms? 

FOURTH  REPORT         ^l^J 


OF  THE 

Factory  Investigating  Commission 

1915 


VOLUME  I 


TRANSMITTED  TO  THE  LEGISLATURE  FEBRUARY  15.  1915 


•      '.       ^   •        •■". 


ALBANY 

J,  B.  LYON  COMPANY.   PRINTERS 

1915 


65630 


•  •••••    •  •  •. 


State  of  New  York 


No.  43 


IN    SENATK 

February  15,  1915 


FOURTH  REPORT 


OF  THE 


New  York  State  Factory  Investigating   Commission 
February   15,   1915 


ABRAM  I.  ELKUS 

Chief  Counsel 

BERNARD  L.  SHIENTAG 

Assistant  Counsel 


ROBERT  F.  WAGNER 

Chairman 

ALFRED  E.  SMITH 

Vice-Chairman 

CHARLES  M.  HAMILTON 
EDWARD  D.  JACKSON 
CYRUS  W.  PHILLIPS 
SIMON  BRENTANO 
MARY  E.  DREIER 
SAMUEL  GOMPERS 
LAURENCE  M.  D.  McGUIRE 

FRANK  A.  TIERNEY 

Secretary 


Imt.  IndllL 
Ral. 


CONTENTS 


o 


VOLUME  I 


^ 

^ 


^  ". 


PAGE 

Report  of   Commission 1-75 

General    Summary 1-17 

Creation  of  Commission 1 

Scope  of  Commission's  Investigation 2 

Organization  of  Commission 2 

Summary  of  work  in  191 1 2 

Laws  enacted  in  1912 3 

Continuance  of  Commission  in  1912 4 

^  Investigations   in    1912 4 

^  Laws  passed  in  1913 5 

Hearing  on  Commission's  bills 7 

Continuance  of  Commission  in  1913 7 

Work   in   1913 8 

Reports  submitted  in  1913 8 

Status  of  wage  investigation  in  1913 9 

]  Laws  passed  in  1914 10 

Advisory  committees    11 

Advisory  committee  on  wages  and  wages  legislation 11 

Advisory  committee  on  recodification  of  Labor  Law.- 13 

New  York  City  committee 13 

Up-State  comraittee  15 

Outline  of  Work  in  1914 17-30 

Wage   investigation    . 17 

Methods  of   investigation 18 

Extent  of  general  wage  investigations 18 

Eeports  of  wage  investigation 19 

Relationship  between  irregularity  of  employment  and  living  wage .  20 

Report  on  cost  of  living 20 

Wages  and  industrial  training 21 

Wage  legislation  in  Australasia 21 

Recodification  of  the  Labor  Law 22 

Consolidation  of  departments  inspecting  buildings  in  New  York  City.  22 

Cases  involving  constitutionality  of  laws  recommended  by  commission.  23 

Questionnaires  and  Letters  of  Inquiry 24 

Public  Hearing.^  and  Executive  Sessions 29 

Wages  and  Wage  Legislation 33-50 

Wages    34 

Piece  rates   35 

Rates  and  earnings 35 

Women's  earnings    35 

[V] 


vi  Contents 

Wages  and  Wage  Legislation  —  Continued  PAGE 

Age,  Experience  and  Personal  Condition 36 

Wage   and   experience 36 

^"~"^  Age  and  wage 36 

Home  relations   36 

Cost  of  Living 37 

Irregularity  of  employment  and  lack  of  standardization  in  trades. ...  38 

Vocational  and  trade  training 40 

Expression  of  public  opinion 41 

Objections  to  wage  legislation 42 

Arguments  in  support  of  wage  legislation 42 

Conclusions  and  recommendations 47 

Recodification  of  the  Labor  Law 51-64 

Change  in  arrangement  of  the  Labor  Law 52 

Present  arrangement  of  the  Labor  Law 52 

Proposed  classification    54 

Repeal  of  present  articles  of  the  Labor  Law 55 

Transfer  of  provisions  to  other  laws 56 

Consolidation  of  employment  certificate  provisions 57 

Change  in  definition  of  factory 57 

Change  in  definition  of  factory  building 58 

Change  in  definition  of  mercantile  establishment 58 

Labor  Law  made  more  flexible 59 

Power  of  Industrial  Board  to  grant  modificatons 60 

Industrial  Board  to  specify  materials  and  forms  of  construction....  61 

Smoking    in    factories 61 

Summary  power  of  Commissioner  of  Labor  increased 62 

Penalty  provisions  62 

'  Fire  hazard  in  mercantile  establishments 63 

Summary     63 

Consolidation    of    Departments    Having    Jurisdiction    over    Buildings    in 

New  York  City 65-72 

Issuance  of  tentative  plan  and  bill 67 

Recommendation  of  Commission 70 

Conclusion    72 

Appreciation  to  Abram  I.  Elkus 72 

Dissenting  Report  of  Laurence  M.  D.  McGuire 76 

Reply  to  Dissenting  Report 83 

APPENDIX  I 

Bills  Recommended  by   Commission 91-290 

Recodification  of  the  Labor  Law 93 

Wage  Commission  and  living  wage  for  women  and  minors 291 

Consolidation  of  departments  inspecting  buildings  in  Xew  York  City.  299 

APPENDIX  II 

Briefs  Submitted  by  Commission 301 

People  V.   Schweinler  Press  —  Court  of  Appeals  —  Law    prohibiting 

night  work  of  women  in  factories .303 


Contents  vii 

Briefs  Submitted  by  Commission  —  Continued  page 

Decision  of  Court  of  Appeals  in  People  v.  Schweinlor  Press 359 

People  V.  Balofsky  —  Appellate  Division,  Second  Department  — 
Law  prohibiting  manufacturing  of  children's  wearing  apparel  in 
tenements    371 

APPENDIX  III 

1.  Memoranda    on    the    relationship    between    low    wages    and    the    vice 

problems 389 

Katherine  B.  Davis 390 

Martha   P.    Falconer 392 

Abraham  Flexner   395 

George  J.  Kneeland 397 

Maude  E.  Miner 409 

James  Bronson  Reynolds 412 

Mary  K,    Simkhovitch 414 

Frederick  H.  Whitin 416 

2.  Questionnarie  on  the  Wage  Problem 418 

List   of   qiiestions 418 

List  of  persons  submitting  replies 421 

Replies   to   questions 425-591 

3.  Symposium  on  the  Minimum  Wage  Problem 592 

I.  Economists    598 

Thomas  S.   Adams 598 

Eugene  E.   Agger 598 

William  B.  Bailey 600 

Roy  G.   Blakey 601 

Thomas  N.  Carver 602 

Sidney  J.  Chapman 604 

John   Bates   Clark 604 

John  R.   Commons 605 

Davis  R.  Dewey 605 

Frank  A.  Fetter 606 

George    C.    Groat 608 

John  H.   Gray 610 

M.    B.    Hammond 611 

E.  W.   Kemmerer 614 

Scott  Xearing    620 

Edward  Alsworth  Ross 634 

John  A.  Ryan 635 

Henry   R.    Seager 641 

N.   I.    Stone 652 

Frank  H.  Streightoflf 668 

F.  W.    Taussig 67» 

Frank   D.    Watson 675 

A.    F.   Weber 678 

II.  Social  Workers. 

Felix  Adler    681 

Frederic   Almy 681 

Inez  Milholland  Boissevain 683 


VI  ii  Contents 

3.  Symposium  on  the  Minimum  Wage  Problem  —  Continued 

II.  Social  Workers  —  Continued  page 

Bailey  B.  Burritt  (Joint  statement  with  John  A.  Fitch, 
Homer  Folks,  Paul  U.  Kellogg,  John  A.  Kingsbury, 
Samuel  McCune  Lindsay,  Charles  S.  MacFarland,  William 

H.  Matthews,  Frank  Persons  and  Stephen  S.  Wise) 691 

Frederick  Courtney   593 

Herbert  Croly    ; ^95 

Edward  T.   Devine 69^ 

Seba  Eldridge    69S 

Mary  E.  Gardner 700 

Josephine  Goldmark    701 

Norman  Hapgood   705 

Charles  R.  Henderson   7O6 

Frederic    C.    Howe 708 

Florence  Kelley 701 

John  A.   Kingsbury 709 

Bruno   Lasker    7II 

Owen  R.  Lovejoy 714 

George  R.  Lunn 7I6 

D.  J.  McMahon 717 

Maud  Nathan    727 

Harry  Allen  Overstreet 728 

Samuel  Schulman 73O 

John   Spargo .  732 

Nelle  Swartz    727 

Walter  E.  Weyl 737 

Gaylord  S.  White 738 

III.  Lawyers    74I 

Henry  De  Forest  Baldwin 741 

H.  La  Rue  Brown 743 

W.    Bourke   Cockran 744 

Julius    Henry   Cohen 759 

Manfred  W.  Ehrich 760 

Raymond  B.  Fosdick 762 

John  D.  Kernan 762 

Jarvis  W.  Mason 764 

Charles   F.    Matthewson 765 

Victor    Morawitz 766 

Everett  P.  Wheeler 767 

IV.  Representatives  of  Labor 769 

Edward  A.  Bates 769 

Homer  D.   Call 770 

Timothy  Healy    770 

James  P.   Holland 771 

Emanuel  Koveleski    772 

James   M.    Lynch 773 

Helen  Marot    774 

John  Mitchell    777 

Alburtis  Nooney   780 


Contents  ix 

3.  Symposium  on  the  Minimum  Wage  Problem  —  Continued 

IV.  Representatives  of  Labor—  Continued  page 

John   T.    O'Brien "^^^ 

Margaret  Dreier  Robins 781 

Henry  Streifler    786 

V.  Employers  and  their  Representatives 787 


James   F.   Adams. 
L.  Adler  Bros.  &  Co. 


787 
788 


Roger    W.    Babson 788 


M.  M.   Bruere. 
Frank    R.    Chambers. 


792 
793 


Richard    S.   Childs 793 

Henry   Clews    794 

James  G.  Cutler 795 


Frederick  L.   Devereux. 
H.  Dowie 


796 

797 


Nathan    Drew    "98 

E.  F.  Du   Bruhl 799 

Dunn  &  McCarthy 801 

802 
Alex   Eisemann    ° 

A.    Lincoln    Filene ^^^ 

D.  M.   Frederiksen 8^* 

F.  X.  Kuchler  &  Son 806 

Adolph    Lewisohn 807 

Robert  Luce   807 

K.   B.    Mathes. 


809 
New  York  State  Retail  Dry  Goods  Association 811 

F.  Colburn  Pinkham 819 

H..  F.  Searles 820 

Percy  S.   Straus 822 

Henry  R.  Towne 824 

G.  Vintschger,  Sr 825 

F.  E.  Wheeler 825 

827 
VI.  Commissions     

Great  Britain. 

G.  S.   Barnes 827 

California. 

Katherine  P.  Edson 

Walter  G.  Matthewson 

Massachusetts. 

Robert   G.   Valentine 829 

Minnesota, 

William  F.  Houk 833 

Oregon. 

Edwin  V.  O'Hara 837 

Washington. 

Edward  W.  Olson 838 

Wisconsin. 

C.  H.  Crownhart 844 


828 
828 


X  Contents 

PAGE 

4.  Industrial  Education  and  Wages 846 

.    List  of  those  submitting  replies 846 

William  C.  Ash 848 

W.    H.    Belcher , 848 

Meyer   Bloomfield 849 

James  E.  Dongan 851 

Joseph  J.  Eaton 851 

A.  Caswell  Ellis 862 

Alfred  P.  Fletcher 852 

Frederick   A.    Geier , 856 

Lewis  Gustafson 856 

F.  C.    Henderschott 860 

Ernest  M.  Hopkins 861 

W.  B.  Hunter. 863 

Pliny  A.  Johnston 867 

Millard  B.  King 867 

Paul  Krenzpointner 860 

John  A.  Lapp 879 

James  P.  Munroe 880 

H.  B.  R.  Schell 882 

Albert  Shiels  883 

J.  G.  Spofford 885 

Mary  S.  Woolman 885 

5.  Consolidation  of  Departments  Inspecting  Buildings  in  New  York  City .  888 

List  of  questions 888 

Questions  considered  at  informal  conference 891 

Tentative  plan    892 

Tentative  bill    894 

6.  List  of  Questions  on  Fire  Hazard  in  Mercantile  Establishments 918 

7.  Study  of  Hotel  Laundries 921 


VOLUME  II 


GENERAL  WAGE   INVESTIGATION 

Scope  and  Character  of  the  General  Wage  Investigation 1-^50 

Mercantile  Establishments   51-174 

Wages  in  Retail  Stores 51-120 

Organization  and  Working  Conditions  in  Retail  Stores 121-167 

Mutual  Aid  Associations  in  New  York  City  Stores 167-174 

The  Shirt  Industry 175-230 

The  Paper  Box  Industry 231-300 

Wages  in  the  Paper  Box  Industry. 231-270 

Report  on  Accidents  in  the  Paper  Box  Industry 271-300 


Contents  xi 

PAGB 

The    Confectionery    Industry 301-338 

The   Button   Industry 339-359 

Wages  in  the  Millinery  Trade 361-469 

Wages  Paid  by  the  Xew  York  Telephone  Company 47 1 

Wages  of  Employees  of  Certain  Public  Utilities 482 

The  Relation  of  Irregular  Employment  to  the  Living  Wage  for  Women .  497-635 


VOLUME  III 


Statistical    Appendix 637 


VOLUME  IV 


APPENDIX  VI 

Keport  on  Vocational  Training. 1237-1460 

Vocational  Training  in  the  Paper  Box  Industry 1243 

Vocational  Training  in  the  Candy  Industry 1347 

Vocational  Training  in  Department  Stores 1363 

Wage  Value  of  Vocational  Training 1407 

APPENDIX  VII 

The  Cost  of  Living  in  Xew  York  State 1461-1844 

Cost  of  Living  to  the  Single  Woman 1474 

Cost  of  Living  to  Men  Living  Independently 1613 

Cost  of  Living  for  a  Normal  Family 1625 

Living  on  Six  Dollars  a  Week 1675 

How  the  Working  Girl  of  New  York  Lives 1695 

Replies  to  Letters  of  Inquiry  Concerning  the  Cost  of  Living 1715 

Supplementary    Tables 1769 

A  Study  of  Families 1785 

APPENDIX  VIII 

Minimum  Wage  Legislation   in  Australasia 1846-2280 

Victoria     1851 

New  Zealand   1957 

New  South  Wales 2053 

Western  Australia   2157 

Southern   Australia    2168 

Queensland     2187 

Tasmania    2196 

The  Commonwealth    2203 


xii  'Contents 

[Minimum  Wage  Legislation  in  Australasia  —  Continued  page 

Summary    and   Conclusions 2225 

Bibliography     2252 

Statistical  Table  of  Boards  and  Awards 2262 

Chart  of  Provisions  for  Wage  Regulation 2262 

List  of  Cases  Decided 2263 


VOLUME  V 


TESTIMONY 

Consolidation  of  Departments  Inspecting  Buildings  in  New  York  City..   2269 
Wages  and  Wage  Legislation 2537 


REPORT 

OF_THE 

NEW  YORK^STATE^FACTORY  INVESTIGATING 
COMMISSION 


To  the  Legislature  of  the  State  of  New  York: 

The  New  York  State  Factory  Investigating  Commission,  in 
pursuance  of  the  provisions  of  chapter  110  of  the  Laws  of  1914, 
hereby  submits  the  following  report: 

Creation  of  the  Commission 

This  Commission  was  created  after  the  Triangle  Waist  Com- 
pany fire  occurring  in  New  York  City,  March  25,  1911,  in  which 
145  employees,  chiefly  women,  lost  their  lives. 

Pursuant  to  chapter  561  of  the  Laws  of  1911,  the  following 
Commission  was  appointed: 

By  the  President  of  the  Senate : 

Robert  F.  Wagner.  > 

Charles  M.  Hamilton. 

By  the  Speaker  of  the  Assembly : 
Alfred  E.  Smith. 
Edward  D.  Jackson. 
Cyrus  W.  Phillips.  , 

By  the  Governor: 

Simon  Brentano. 

Robert  E.  Dowling.* 

Mary  E.  Dreier. 

Samuel  Gompers.  i 


*  111   1914   Mr.   Eobert     E.   Dowling   resigned   and    Mr.    Laurence    M.  D. 
McGuire  was  appointed  in  bis  place. 


2  Report  of  Commissioi* 

Scope  of  the  Commission's  Investigation 

The  Legislature  authorized  the  Commission  to  inquire  into  the 
conditions  under  which  manufacturing  is  carried  on  in  cities  of 
the  first  and  second  class  of  the  State,  to  the  end  that  remedial 
legislation  might  be  enacted  for  the  protection  of  the  life  and 
health  of  all  factory  workers,  and  for  the  best  interests  of  the 
public  generally. 

The  Commission  was  given  all  the  powers  of  a  legislative  com- 
mittee, including  the  power  to  compel  the  attendance  of  witnesses 
and  the  production  of  books  and  papers,  and  the  right  to  appoint 
.counsel,  secretary,  stenographer  and  the  necessary  employees  to 
aid  it  in  carrying  out  its  work.  The  members  of  the  Commis^ 
sion  were  to  receive  no  compensation  for  their  services. 

Organization  of  the  Commission 

The  Commission  was  organized  in  August,  1911.  Senator 
Robert  F.  Wagner  was  elected  chairman,  and  Assemblyman 
Alfred  E.  Smith,  vice<;hairman.  The  Commission  appointed 
Abram  I.  EUnis,  chief  counsel,  and  Bernard  L.  Shientag,  assis- 
tant counsel.     Frank  A.  Tiemey  was  selected  as  secretary. 

Summary  of  Work  in  1911 

The  Commission  retained  Dr.  George  M.  Price  as  its  expert 
in  general  charge  of  the  work  of  inspection  of  manufacturing 
establishments,  and  of  the  problem  of  sanitation  therein.  Mr. 
H.  F.  J.  Porter,  a  mechanical  engineer,  was  retained  as  advisory 
expert  on  the  fire  problem.  Under  their  supervision  a  trained 
corps  of  inspectors  was  put  in  the  field. 

The  Commission  held  fourteen  public  hearings  in  the  cities  of 
the  first  and  second  class  of  the  iState:  222  witnesses  were  ex- 
amined, and  3,489  pages  of  testimony  taken.  In  addition  num- 
erous executive  sessions  and  conferences  were  held. 

The  following  investigations  were  conducted: 

1.  Oeneral  sanitary  investigation  of  factories  in  cities  of  the 
first  and  secend  class. 

2.  Fire  hazard  in  factories. 

3.  Women's  trades. 


Repoet  of  Commission  3 

4.  Conditioiis  in  bakeries  and  physical  examination  of  bakers 
employed  therein. 

5.  Lead  poisoning  and  arsenical  poisoning. 

6.  An  industrial  survey  of  a  selected  area  in  New  York  City. 

7.  Preliminary  investigation  of  child  labor  in  tenement  houses. 

Special  reports  on  each  of  the  foregoing  are  fully  set  forth  in 
the  Commission's  preliminary  report  in  three  volumes,  which 
was  published  March  1,  1912,  to  which  reference  is  here  made. 
This  report,  together  with  a  series  of  bills  embodying  the  pre- 
liminary recommendations  of  the  Commission,  was  submitted  to 
the  Legislature  on  March  1,  1912. 

We  shall  not  now  go  into  the  details  of  this  preliminary  re- 
port, except  to  call  attention  to  the  fact  that  one  investigation 
alone,  the  general  sanitary  investigation,  covered  twenty  indus- 
tries and  1,836  factories,  in  which  63,374  men,  women  and  chil- 
dren were  employed.  The  bakery  investigation  covered  500 
bakeries  and  included  a  careful  physical  examination  of  800 
bakers  therein  employed.  The  industrial  survey  in  New  York 
City  covered  323  establishments,  in  which  10,698  men,  women 
and  children  were  employed. 

Laws    Enacted   as    a   Result    of    the    Commission's   First 

Year's  Work 
The  following  bills  recommended  by  the  Commission  in  its 
preliminary  report  were  passed  by  the  Legislature  during  the 
session  of  1912,  and  became  laws: 

1.  Registration  of  factories. 

2.  Physical  examination  of  children  before  employment  cer- 
tificate is  issued. 

3.  Fire  drills. 

4.  Automatic  sprinklers. 

5.  Fire  prevention ;  removal  of  rubbish ;  fire-proof  receptacles 
for  waste  material;  protection  of  gas  jets;  prohibition  of  smoking 
in  factories. 

6.  Prohibition  of  the  eating  of  lunch  in  rooms  where  poisonous 
substances  are  prepared  or  generated  in  the  process  of  manufac- 


4  Report  of  Commission 

ture;  adequate  hot  and  cold  washing  facilities  for  such  estab- 
lishments. 

7.  Employment  prohibited  of  women  within  four  weeks  after 
child-birth. 

8.  Summary  power  of  Commissioner  of  Labor  over  unclean 
and  unsanitary  factories. 

CoNTINUiLPrCE  OF  THE  COMMISSION   IN   1912 

On  March  6,  1912,  chapter  21  of  the  Laws  of  19^12  was  enacted 
continuing  the  time  within  which  the  Commission  might  com- 
plete its  investigations  to  the  15th  day  of  January,  1913.  The 
act  extended  the  jurisdiction  of  the  Commission  to  cities  through- 
out the  State,  and  also  authorized  the  Commission  to  investigate 
general  conditions  in  mercantile  establishments.  The  Commis- 
sion thereupon  continued  its  investigations  with  the  organization 
previously  referred  to,  except  that  James  P.  Whiskeman,  C.  E., 
was  retained  as  advisory  expert  on  the  fire  problem. 

Numerous  civic  organizations,  which  for  many  years  had  urged 
the  appointment  of  a  special  commission  to  investigate  the  im- 
portant subject  of  manufacturing  in  tenements,  requested  this 
Commission  to  investigate  that  problem,  along  with  the  other 
work  that  it  had  undertaken. 

Investigations  in  1912 

In  1912  and  1913  the  Commission  conducted  the  following 
investigations : 

1.  General  sanitary  investigation  continued  throughout  the 
State. 

2.  Fire  hazard  investigation  continued. 

3.  Manufacturing  in  tenements. 

4.  Conditions  in  the  canneries. 

5.  Night  work  of  women  in  factories. 

6.  The  tobacco  industry. 

7.  The  printing  industry. 

8.  Investigation  of  conditions  in  mercantile  establishments. 


Report  of  Commission  5 

9.  Investigation  of  dangerous  trades,  covering  tlie  following: 

a.  The  chemical  industry  generally. 

b.  Wood  alcohol. 

c.  Commercial  acids. 

d.  Lead  poisoning  and  arsenical  poisoning. 

e.  Six  miscellaneous   investigations  on  occupational   dis- 

eases and  accidents  in  the  dangerous  trades. 

Detailed  reports  of  all  these  investigations  are  fully  set  forth 
in  the  second  report  of  the  Conamission,  contained  in  lOur  printed 
volumes,  which  was  submitted  to  the  Legislature  in  February, 
1913. 

Summary  of  Commission's  Work  in  19iii 

In  1912  and  1913  the  Commission  held  37  public  hearings  in 
different  cities  of  the  State,  over  250  witnesses  were  examined, 
and  3,557  pages  of  testimony  taken.  In  addition,  numerous 
executive  sessions  were  held,  at  which  employees  of  different 
industries  attended  and  testified. 

The  general  sanitary  investigation  of  1912  included  45  cities 
of  the  State,  and  covered  1,338  industrial  establishments,  in 
which  125,961  wage-earners  were  employed.  All  told,  the  in- 
vestigations conducted  by  the  Commission  during  this  period 
covered  several  hundred  thousand  men,  women  and  children 
working  in  the  different  industries  of  the  State.  The  canneries 
in  the  State  were  inspected  by  the  Commission  itself  or  its  agents. 
Many  factories  were  personally  investigated  by  the  Commission, 
and  hearings  held  and  testimony  taken  right  in  the  factories. 

Laws    Passed    as    a    Result    of    the    Commission's    Second 

Year's  Work 

With  its  second  report  the  Commission  submitted  a  compre- 
hensive series  of  bills  for  the  improvement  of  working  conditions 
and  for  the  complete  reorganization  of  the  Department  of  Labor, 
which  practically  amounted  to  a  new  Labor  Code  for  the  State 
of  New  York.     The  following  bills  recommended  by  the  Commis- 


6  Report  of  Commission 

sion  in  its  second  report  were  enacted  into  law  by  the  Legislature 
during  the  session  of  1913: 

1.  Reorganization  of  Labor  Department;  Industrial  Board. 

2.  Penalties  for  violation  of  Labor  Law  and  Industrial  Code. 

3.  Fire-proof  receptacles;  gas  jets;  smoking. 

4.  Fire  alarm  signal  system  and  fire  drills. 

5.  Fire  escapes  and  exits;  limitation  of  number  of  occupants; 
construction  of  future  factory  buildings. 

6.  Amendment  to  Greater  Now  York  charter  with  reference  to 
the  Fire  Prevention  Law. 

7.  Prohibition  of  employment  of  children  under  fourteen,  in 
cannery  sheds  or  tenement  houses ;  definition  of  factory  building ; 
definition  of  tenement  house. 

8.  Manufacturing  in  tenements. 

9.  Hours  of  labor  of  women  in  canneries. 

10.  Housing  conditions  in  labor  camps  maintained  in  connec- 
tion with  a  factory. 

11.  Physical  examination  of  children  employed  in  factories. 

12.  Amendment  to  Child  Labor  Law;  physical  examination 
before  issuance  of  employment  certificate;  school  record;  super- 
vision over  issuance  of  employment  certificate! 

13.  Amendment  to  Compulsory  Education  Law;  school  record. 

14.  Night  work  of  women  in  factories. 

15.  Seats  for  women  in  factories. 

16.  Bakeries, 

17.  Cleanliness  of  workrooms. 

18.  Cleanliness  of  factory  buildings. 

19.  Ventilation;  general;  special. 

20.  Washing  facilities;  dressing  rooms;  water  closets. 

21.  Accident  prevention;  lighting  of  factories  and  workrooms. 

22.  Elevators. 

23.  Dangerous  trades. 

24.  Foundries. 

25.  Emplo}Tnent  of  children  in  dangerous  occupations;  em- 
ployment of  women  in  core-rooms. 


Report  of  Commission  7 

The  enactment  of  these  laws  marked  a  new  era  in  labor  legis- 
lation in  the  State  of  New  York.  It  placed  the  State  of  New 
York  in  the  lead  in  legislation  for  the  protection  of  wage  earners. 

For  the  details  of  these  statutes  and  the  conditions  that  led  to 
their  recommendation  by  the  Commission  we  refer  to  the  second 
report  of  the  Commission  submitted  to  the  Legislature,  February, 
1913. 

Hearing  on   Commission's   Bills  Before  Legislative   Com- 
mittees 

A  hearing  on  the  bills  recommended  by  the  Commission  was 
held  before  the  joint  Committees  of  Labor  and  Industry  of  the 
Senate  and  Assembly,  in  the  Assembly  Chamber,  on  February 
19,  1913.  At  this  hearing  several  hundred  representatives  of 
employers,  labor  unions  and  social  and  civic  organizations  ap- 
peared. The  bills  recommended  by  the  Commission  were  com- 
mended and  approved  by  practically  everyone  present  for  their 
fairness  and  effectiveness.  The  minutes  of  that  hearing  are  re- 
ferred to  and  made  part  of  this  report.''^ 

At  this  hearing  also  many  representatives  of  social  and  civic 
organizations  called  attention  to  the  necessity  for  a  comprehensive 
and  complete  investigation  of  wages  paid  in  the  different  in- 
dustries of  the  State,  particularly  those  in  which  large  numbers 
of  womea  and  children  were  employed.  They  urged  that  instead 
of  the  creation  of  a  new  Commission  for  that  purpose,  the  present 
Commission  be  continued  and  empowered  to  conduct  this  in- 
vestigation. In  response  to  that  demand  chapter  137  of  the  Laws 
of  1913  was  enacted. 

Continuance  of  Commission  in  1913 

This  act  continued  the  Commission  in  office  until  the  15th 
day  of  February,  1914,  and  authorized  it  to  inquire  into  the 
rates  of  wages  paid  in  the  different  industries  of  the  State,  and 
to  report  on  the  advisability  of  establishing  minimum  rates  of 
wages.     The  Commission  was  also  required  to  continue  the  in- 


See  Volume  IV   of   the   Commission's  Second  report,  page  2225. 


8  Report  of  Commission 

vestigation  into  conditions  in  mercantile  establislimeuts  and,  if 
advisable,  to  prepare  and  present  to  the  Legislature  a  recodifica- 
tion of  the  Labor  Law. 

Work  of  Commission  in  1913 

In  1913,  the  following  matters  were  taken  up  by  the  Commis- 
sion : 

1.  Wage  investigation. —  This  was  conducted  under  the  direc- 
tion of  Howard  B,  Woolston,  Ph.D.,  and  Albert  H.  N.  Baron, 
and  a  force  of  investigators  and  inspectors.  The  investigation 
covered  wages  paid  to  men,  women  and  children  in  four  principal 
industries  in  New  York  City  —  paper  box,  candy  manuf  acturiug^ 
department  stores  and  mercantile  establishments,  and  shirts. 

2.  Fire  Hazard  in  Mercantile  Establishments. —  This  investi- 
gation covered  department  stores  and  other  mercantile  establish- 
ments in  cities  of  the  first  and  second  class  in  the  State,  and  was 
conducted  by  the  Commission  with  the  assistance  of  Miss  Frances 
Perkins,  Secretary  of  the  New  York  Committee  on  Safety  and 
a  trained  force  of  inspectors. 

3.  Recodification  of  the  Labor  Law. —  Pursuant  to  the  act  con- 
tinuing the  Commission  in  1913,  there  was  prepared  a  revision 
of  the  Labor  Law.  This  was  limited  in  the  main  to  matters  of 
form  and  arrangement,  the  substance  of  the  law  not  being  changed. 

Reports  Submitted  to  the  Legislature  in  1913 
The  following  reports  were  submitted  to  the  Legislature: 

1.  Report  on  Wages  and  Working  Conditions  in  the  Confec- 
tionery Industry  in  New  York  City,  by  the  Director  of  Inves- 
tigation. 

2.  Report  on  Wages  and  Working  Conditions  in  the  Paper  Box 
Industry  in  New  York  City,  by  the  Director  of  Investigation. 

3.  Report  on  Wage  Legislation,  by  Irene  Osgood  Andrews, 
Assistant  Secretary  of  the  American  Association  for  Labor  Legis- 
lation. This  report,  which  was  prepared  for  the  Commission, 
made  a  detailed  analysis  of  all  the  laws  regulating  wages  in  this 
and  in  foreign  countries  and  described  the  operation  and  method 
of  procedure  under  those  laws. 


Report  of  Commission  9 

4.  Minimum  Wage  Bibliography,  by  C.  C.  Williamson,  Chief 
of  the  Division  of  Economics  and  Sociology  of  the  New  York 
Public  Library. 

5.  Eecodification  of  the  Labor  Law. —  Prepared  with  the  as- 
sistance of  the  Legislative  Bill  Drafting  Bureau  of  Columbia  Uni- 
versity. 

6.  Eeport  on  Fire  Hazard  in  Mercantile  Establishments,  by 
Frances  Perkins,  Executive  Secretary  of  the  New  York  Commit- 
tee on  Safety. 

7.  Report  on  the  Binghamton  Fire,  by  James  P.  Whiskeman, 
C.  E.,  Advisory  Expert  to  the  Commission. 

Status  of  the  Wage  Investigation  When  the  Third  Report 

Was  Submitted 

With  the  third  report  to  the  Legislature,  there  were  presented 
the  preliminary  reports  of  the  Director  of  Investigation  on  wages 
studied  in  two  industries  in  New  York  City  —  the  confectionery 
and  paper  box  industries. 

The  huge  mass  of  statistics  that  had  been  gathered  in  depart- 
ment stores  and  other  mercantile  establishments  and  in  the  shirt 
industry,  were  in  process  of  tabulation.  The  Commission  did  not 
deem  it  wise,  in  the  unfinished  state  of  the  work,  to  discuss  in 
detail  the  results  that  had  been  obtained.  It  submitted,  however, 
tables  and  statistics  showing  rates  and  earnings  of  men,  women 
and  children,  in  the  candy  and  paper  box  industries  in  New  York 
City,  and  made  the  following  recommendation  (page  42  of  the 
third  report)  : 

"  Facilities  should  be  afforded  for  completing  the  tabula- 
tion of  the  statistics  that  have  been  gathered  and  for  continu- 
ing the  investigation  of  the  industries  named  in  the  different 
cities  of  the  State.  There  should  also  be  a  more  extensive 
study  of  the  various  phases  of  the  wage  problem,  such  as: 
unemployment;  industrial  education;  vocational  guidance; 
efficiency  of  the  workers ;  cost  of  living  and  family  budgets ; 
relation  between  low  wages  and  vice,  and  other  kindred  sub- 
jects." 

Pursuant  to  this  recommendation  of  the  Commission,  the  Leg- 
islature passed  Chapter  110  of  the  Laws  of  1914  which  continued 


10  Report  of  Commission 

the  Commission  in  existence  until  the  15th  day  of  February,  1915, 
and  authorized  it  to  complete  its  investigations  of  the  wage  prob- 
lem and  submit  a  report  thereon  to  the  Legislature. 

Laws  Passed  as  a  Result  of  the  Commission's  Third  Year's 

Work 
The 'following  laws,  recommended  by  the  Commission  in  its 
third  report,  were  passed  by  the  Legislature  in  1914  and  have 
become  laws: 

1.  Sanitation  in  mercantile  establishments.  This  covered  pro- 
visions for  seats  for  female  employees ;  cleanliness  of  rooms ;  clean- 
liness of  buildings;  size  of  rooms;  ventilation;  drinking  water; 
wash  rooms  and  dressing  rooms ;  and  water  closets. 

2.  Hours  of  labor  of  women  in  mercantile  establishments 
limited  to  fifty-four  hours  a  week  in  the  entire  State. 

3.  Hours  of  labor  of  children  between  fourteen  and  sixteen  in 
mercantile  establishments  reduced  from  fifty-four  to  forty-eight 
hours  a  week  and  their  employment  prohibited  for  more  than 
eight  hours  a  day  or  after  6  o'clock  in  the  evening  of  any  day. 

The  recodification  of  the  Labor  Law,  which  had  been  intro- 
duced in  the  Legislature  on  the  recommendation  of  the  Commis- 
sion, was  not  pressed  for  passage.  Inasmuch  as  the  Commission 
was  to  be  continued  for  the  purpose  of  completing  its  wage  investi- 
gations, it  was  felt  that  it  would  be  advisable  to  have  the  recodi- 
fication of  the  Labor  Law  also  go  over  for  another  year,  so 
that  manufacturers,  real  estate  owners,  labor  organizations  and 
others  interested  might  have  further  opportunity  to  study  the 
proposed  revision  and  make  any  suggestions  and  recommenda- 
tions on  the  subject  they  found  necessary  or  advisable. 

We  have  outlined  very  briefly  the  work  of  the  Commission  in 
1913.  For  the  details  of  tiie  investigations  conducted  by  it  and 
the  recommendations  made  to  the  Legislature,  we  refer  to  the 
third  report  of  the  Commission,  submitted  to  the  Legislature  on 
February  14,  1914. 

Work  of  the  Commission  in  1914 
The  Commission  continued  with  the  same  organization  as  in 
1913  except  that  Mr.  Robert  E.  Dowling  resigned  because  of 


Report  of  Commission  11 

pressure  of  work  as  chairman  of  the  Workmen's  Compensation 
Commission  and  Mr.  Laurence  M.  D.  McGuire  was  appointed  by 
Governor  Glynn  in  his  place. 

The  work  of  the  Commission  in  1914  will  be  considered  under 
four  main  heads: 

1.  Investigation  of  wages  and  wage  legislation. 

2.  Recodification  of  the  Labor  Law. 

3.  Consolidation  of  departments  making  inspections  of  build- 
ings in  New  York  City. 

4.  Participation  in  oases  involving  the  constitutionality  of 
laws  heretofore  recommended  by  the  Commission. 

Advisory  Committees 

The  following  advisory  committees  were  appointed  by  ihe  Com- 
mission to  assist  in  its  work : 

1.  Advisory  committee  on  wages  and  wage  legislation. 

2.  Advisory  committee  on  the  recodification  of  the  Labor  Law. 
(New  York  City.) 

3.  Advisory  committee  on  the  recodification  of  the  Labor  Law. 
(Upstate.) 

(1)  Advisory  Committee  on  Wages  and  Wage  Legislation 

The  committee  which  rendered  such  valuable  service  last  year 
was  continued  by  the  Commission  and  assisted  us  materially  with 
their  views  and  suggestions  with  reference  to  the  conduct  of  the 
investigations,  the  preparation  of  the  various  reports,  and  the 
conclusions  and  recommendations  of  the  Commission.  The  fol- 
lowing is  a  list  of  the  members  of  this  committee. 

Walter  F.  Wilcox,  Chairman,  Cornell  University,  Ithaca,  N.  Y. 

Irving  Fisher,  Yice-Chairm<in,  Yale  University,  New  Haven, 
Conn. 

John  B.  x\ndrews,  Secretary,  American  Association  for  Labor 
Legislation. 

Gertrude  Beeks,  National  Civic  Federation. 

Eugene  S.  Benjamin,  Retired  Merchant,  New  York  City. 

E.  W.  Bloomingdale,  Counsel,  New  York  Retail  Dry  Goods 
Association. 


12  Report  of  Commission 

Peter  J.  Brady,  Allied  Printing  Trades  Council. 

Robert  E.  Chaddock,  Professor  of  iStatistics,  Columbia  Uni- 
versity. 

^^atharine  B.  Davis,  Commissioner  of  Corrections,  Kew  York 
City. 

'Edward  T.  Devine,  Director,  School  of  Philanthropy,  New 
York  City. 

Henry  W.  Farnam,  Yale  University,  New  Haven,  Conn. 

John  A.  Fitch,  "  The  Survey." 

Lee  K.  Frankel,  Vice-President,  Metropolitan  Life  Insurance 
Co. 

Franklin  H.  Giddings,  Professor  of  Sociology,  Columbia  Uni- 
versity. 

Pauline  Goldmark,  Member,  Industrial  Board,  Department  of 
Labor. 

Mrs.  J.  Borden  Harriman,  member.  Federal  Industrial  Rela- 
tions Commission. 

Daniel  Harris,  President,  New  York  State  Federation  of 
Labor. 

Leonard  W.  Hatch,  Chief  iStatistician,  State  Department  of 
Labor. 

Sara  Straus  Hess,  New  York  City. 

Frederick  W.  Hoffman,  Chief  Statistician,  Prudential  Insur- 
ance Co. 

Jeremiah  W.  Jenks,  Professor  of  Politics,  New  York  Univer- 
sity. 

Paul  U.  Kellogg,  Editor  of  "  The  Survey." 

John  A.  Kingsbury,  Director,  New  York  Association  for  Im- 
proving Condition  of  the  Poor. 

Samuel  McCune  Lindsay,  Professor  of  Social  Legislation, 
Columbia  University. 

George  W.  Loft,  Candy  Manufacturer,  New  York  City. 

Royal  Meeker,  Commissioner  of  Labor  iStatistios,  Washington, 
D.  C. 

Charles  P.  Neil,  former  United  States  Commissioner  of 
Labor. 

Edward  D.  Page,  Merchant  and  Banker,  New  York  City. 


Report  of  Commission  13 

Frances  Perkins,  Executive  Secretary,  Committee  on  Safety, 
New  York  City. 

William  C.  Rogers,  Second  Deputy  Commissioner,  iState  De- 
partment of  Labor. 

S.  G.  Rosenbaum,  President,  National  Cloak  and  Suit  Com- 
pany. 

Henry  R.  Seager,  Professor  of  Economics,  Columbia  Univer- 
sity. 

Percy  iS.  Straus,  President,  Retail  Dry  Goods  Association. 

Frank  Tucker,  Charities  Organization  Society. 

Lillian  D.  Wald,  Head  Worker,  Nurses'  Settlement. 

William  R.  Willcox,  National  Civic  Federation. 

John  Williams,  Secretary,  Industrial  Board,  Department  of 
Labor. 

Advisory  Committees  on  Recodification  of  the  Labor  Law 

The  Commission  desired  to  obtain  the  views  and  suggestions  of 
all  parties  in  interest  from  all  sections  of  the  iState  with  reference 
to  the  revised  recodification  of  the  labor  law,  Inasmuch  as  it 
was  stated  before  the  Commission  on  numerous  occasions  that 
conditions  in  cities  up-state  differed  materially  from  those  in 
New  York  City,  it  was  deemed  advisable  to  appoint  two  com- 
mittees for  this  purpose,  one  made  up  of  representatives  of  New 
York  City,  and  the  other  of  representatives  of  different  cities 
up-state.  With  this  end  in  view,  the  following  committees  were 
appointed : 

(2)   New  York  City  Advisory  Committee 

Robert  Adamson,  Fire  Commissioner. 

Charles  B.  Alexander,  Lawyer,  Regent  of  the  University  of 
the  State  of  New  York. 

George  W.  Alger,  Lawyer;  member  New  York  Child  Labor 
Committee. 

E.  W.  Bloomingdale,  Counsel,  New  York  Retail  Dry  Goods 
Association. 

Peter  J.  Brady,  Secretary,  Allied  Printing  Trades  Council. 


14  Report  of  Commission 

Julius  Henry  Cohen,  Lawyer;  Counsel,  Cloak  and  Suit  Manu- 
facturers Association. 

Richard  J.  Cullen,  Member  of  Industrial  Board,  Department 
of  Labor. 

Robert  C.  Cumming,  Lawyer,  Legislative  Bill  Drafting  Com- 
missioner. 

Burt  L.  Fenner,  Architect;  Member  of  firm,  McKim,  Mead 
&  White. 

H.  W.  Forster,  Engineer,  Independence  Inspection  Bureau, 
Philadelphia. 

Julius  Franke,  Architect;  member  of  firm,  Maynicke  & 
Franke. 

Pauline  Goldmark,  member,  Industrial  Board,  Department 
of  Labor. 

William  Guerin,  Fire  Hazard  Expert;  former  Chief  of 
Bureau  of  Fire  Prevention. 

Joseph  O.  Hammitt,  Chief  of  Bureau  of  Fire  Prevention. 

Daniel  Harris,  President,  New  York  State  Federation  of 
Labor. 

Mrs.  Florence  Kelley,  Secretary,  National  Consumers'  League. 

Walter  Lindner,  Solicitor,  Title  Guarantee  and  Trust  Com- 
pany. 

Samuel  McCune  Lindsay,  Profeesoir  of  .Social  Legislation, 
Columbia  University;  President,  New  York  Academy  of  Politi- 
cal Science.  ^! 

James  M.  Lynch,  Commissioner  of  Labor,  New  York  iState. 

William  McCarroll,  former  Public  Service  Commissioner; 
Representative  of  the  New  York  Chamber  of  Commerce. 

Cryus  C.  Miller,  Chairman,  Advisory  Council  of  Real  Estate 
Interests;  former  President  of  the  Borough  of  Bronx. 

Rudolph  P.  Miller,  Superintendent  of  Buildings,  Borough  of 
Manhattan. 

Charles  F.  Noyes,  Real  Estate. 

Thomas  I.  Parkinson,  Lawyer;  Director,  Legislative  Bill 
Drafting  Bureau,  Columbia  University. 

Frances  Perkins,  Executive  Secretary,  Committee  on  Safety. 

Frank  L.  Polk,  Corporation  Counsel. 


Report  of  Commission  15 

Andrew  J.  Post,  Contractor ;  member  of  firm,  Post  &  McCord ; 
Representative  of  Merchants'  Association. 

Allan  Robinson,  President,  Allied  Real  Estate  Interests. 

F.  J.  T.  Stewart,  Superintendent,  Board  of  Fire  Underwriters. 

Alfred  J.  Talley,  Lawyer;  Counsel  for  the  New  York  State 
Candy  Manufacturers'  Association. 

F.  S.  Tomlin,  Central  Labor  Union  of  Brooklyn. 
Lawrence    Veiller,    Secretary,    Tenement    House    Committee; 

former  Deputy  Tenement  House  Commissioner. 

L.  Victor  Weil,  Real  Estate. 

James  P.  Whiskeman,  Mechanical  Engineer. 

John  Williams,  (Secretary,  Industrial  Board;  former  Labor 
Commissioner. 

(3)   Up-State  Advisory  Committee 

Thomas  C.  Ahearn,  State  Fire  Marshal,  Albany,  N.  Y. 

E.  J.  Barcalo,  Barcalo  Manufacturing  Co.,  Buffalo,  N.  Y., 
President  Associated  Industries. 

E.  A.  Bates,  Secretary-Treasurer  New  York  State  Federation 
of  Labor,  Utica,  N.  Y. 

Emma  B.  Beard,  President,  New  York  State  Consumers' 
League,  Fayetteville,  N.  Y. 

J.  T.  Carey,  Albany,  N.  Y. 

C.  A.  Chase,  Syracuse  Chilled  Plow  Co.,  Syracuse,  N.  Y. 

John  C.  Clark,  Buffalo,  N.  Y. 

H.  W.  Cook,  Vice-President,  A.  E.  Nettleton  Co.,  Syracuse, 
N.  Y. 

John  J.  Corcoran,  Troy,  N.  Y. 

Richard  H.  Curran,  Cor.  Rep.,  Iron  Moulders'  Union  No.  11, 
Rochester,  N.  Y. 

G.  A.  Farrall,  Vice-President  and  General  Manager,  Johnston 
Harvester  Co.,  Batavia,  N.  Y. 

T.  Harvey  Ferris,  Utica,  N.  Y. 

Thomas  D.  Fitzgerald,  Workmen's  Compensation  Comiuissionj 
Albany,  N.  Y. 

Dr.  Frauds  E.  Fronczak,  Health  Commissioner,  Buffalo,  N.  Y. 
Frank  W.  Gallagher,  President  U.  T.  &  A.  A.,  Oswego,  N.  Y. 
Dr.  George  W.  Goler,  Health  Officer,  Rochoster,  N.  Y, 


16  Report  of  Commission 

Nathan  Hatch,  President,  Euld  &  Hatch  Knitting  Co.,  Albany, 
N.  Y. 

Stuart  A.  Hayward,  Secretary,  Central  Labor  Council,  Buffalo, 

N.  Y. 

J.   C.   Heckman,   Superintendent,   Larkin  Company,   Buffalo, 

N.  Y. 

Edward  L.  Hengerer,  Win.  Hengerer  Company,  Buffalo,  N.  Y. 

R.  C.  Hudson,  J.  N.  Adam  &  Co.,  Buffalo,  N.  Y. 

Emanuel  Koveleski,  Rochester,  N.  Y. 

Edward  W.  Loth,  Troy,  N.  Y. 

James  M.  Lynch,  State  Labor  Commissioner,  Albany,  N.  Y. 

Charles  K.  Mallory,  Engineer,  The  Solvay  Process  Co.,  Syra- 
cuse, N.  Y. 

John  E.  McLoughlin,  Mohawk  Valley  Cap  Factory,  Utica, 
N.  Y. 

Adelbert  Moot,  Lawyer,  State  Regent,  Buffalo,  'N.  Y. 

John  J.  O'Brien,  Carpenters'  District  Council,  Syracuse,  N.  Y. 

John  C.  Parker,  Rochester  Railway  and  Light  Company, 
Rochester,  N.  Y. 

Alex.  Rosenthal,  Utica  Trades  Assembly,  Utica,  N.  Y. 

George  W.  Smith,  Lackawanna  Steel  Company,  Buffalo,  N^.  Y. 

Xorman  G.  Sprague,  Secretarj'-Treasurer,  Syracuse  Typo- 
grajAical  Union  No.  55,  Syracuse,  N.  Y. 

John  S.  Strachan,  New  York  State  Association,  Schenectady, 
N.  Y. 

Henry  Streifler,  Buffalo,  N.  Y. 

Neile  F.  Towner,  Albany,  N.  Y. 

Roland  B.  Woodward,  Rochester  Chamber  of  Commerce, 
Rochester,  N.  Y. 

C.  L.  York,  General  Electric  Company,  Schenectady,  N.  Y. 

There  were  several  meetings  of  the  advisory  committees  in 
New  York  City,  at  which  the  revised  recodification  of  the  Labor 
Law  was  taken  up  section  by  section  and  discussed  by  those 
present.  Suggestions  were  received  in  writing  from  many  of  the 
members  of  the  advisory  committees  who  were  unable  to  attend 
the  meetings,  and  as  a  result,  the  recodification  of  the  Labor  Law 
that  is  presented  herewith  to  the  Legislature,  reflects  the  views 


Report  of  Commission  17 

and  sentiments  of  the  parties  most  directly  concerned  with  its 
operation. 

The  Commission  desires  to  express  its  appreciation  of  the 
valuable  services  rendered  by  the  members  of  all  of  these  ad- 
visory committees,  who  willingly  gave  their  time  and  experience 
without  any  compensation,  often  at  a  great  sacrifice.  The  service 
they  rendered  to  the  people  of  the  State  is  one  which  merits 
public  recognition. 

Wage  Investigation 

We  have  set  forth  earlier  in  this  report  the  status  of  the  wage 
investigation  at  the  time  the  Commission  submitted  its  third 
report  to  the  Legislature  in  February,  1914.  Up  to  that  time, 
the  investigation  of  wages  had  been  confined  to  New  York  City 
and  only  the  statistics  for  the  paper  box  and  confectionery  indus- 
tries had  been  tabulated. 

When  the  Commission  was  continued,  Dr.  Woolston  and  Mr. 
Baron  were  again  retained  to  direct  the  investigation.  A 
statistical  and  clerical  force  and  a  staff  of  investigators  were  ap- 
pointed to  assist  them  in  this  work.  The  statistics  that  had  been 
gathered  for  mercantile  establishments  and  the  shirt  industry  in 
New  York  City  were  tabulated.  The  investigation  of  wages  in 
the  four  principal  industries  studied  —  mercantile  establish- 
ments, paper  box  manufacturing,  candy  manufacturing  and 
shirts  —  was  extended  to  cover  the  entire  State.  The  up-State 
investigation  included  among  others  the  following  localities: 

Albany,  Hudson,  Niagara  Falls, 

Batavia,  Kingston,  Oswego, 

Binghamton,  Lockport,  Rochester, 

Buffalo,  Mechanicville,  Schenectady, 

Cohoes,  Middletown,  Syracuse, 

Fulton,  Newark,  Troy, 

Glens  Falls,  Newburgh,  TJtica. 

An  investigation  of  wages  and  living  conditions  of  workers  in 
the  button  industry  in  New  York  City,  was  conducted  for  the 
Commission  by  Mr.  Roswell  Skeel,  Jr. 


18  Hepokt  of  Commission 

The  investigation  of  wages  in  the  millinery  industry  made  for 
the  Commission  under  the  direction  of  Miss  Mary  Van  Kleeck 
of  the  Committee  on  Women's  Work  of  the  Russell  Sage  Foimda- 
tion,  which  was  referred  to  in  the  last  report  of  the  Commission 
was  completed,  and  the  results  are  presented  as  a  part  of  this 
report. 

Methods  of  Investigation 

The  method  employed  in  the  wage  investigation  was  to  copy 
from  the  payroll,  for  the  current  week,  the  receipts  of  every  person 
in  the  establishment,  noting  rate,  time  worked,  additions  and 
deductions,  and  earnings.  In  several  thousand  cases  it  was  pos- 
sible to  obtain  such  data  for  an  entire  year.  The  number  of  em- 
ployees and  the  total  wages  of  the  week  were  also  taken. 

The  second  line  of  inquiry  consisted  in  obtaining  from  each 
employee  a  card  giving  his  or  her  age,  nativity,  conjugal  con- 
dition, particular  work  done,  length  of  time  employed  and  whether 
or  not  the  worker  lived  at  home.  This  was  followed  up  in  over 
two  thousand  cases  by  personal  interviews  with  the  workers,  by 
which  it  was  sought  to  ascertain  in  detail  the  past  industrial  ex- 
perience and  present  working  conditions  of  the  worker,  as  well 
as  his  or  her  schooling  and  standard  of  living. 

The  last  branch  of  the  investigation  consisted  of  an  interview 
with  the  employers  or  responsible  managers.  This  dealt  with  the 
general  conditions  and  tendency  of  the  trade,  such  as  hours, 
seasons  and  changes  in  working  force.  Methods  of  securing  and 
promoting  help,  wage  payments,  fines  and  commissions,  pensions, 
welfare  work  and  general  efficiency  were  discussed.  In  some 
cases  the  firm's  books  were  thrown  open  to  an  accountant  for  the 
purpose  of  analyzing  relative  costs  and  revenues. 

Extent  of  General,  Wage  Investigations 

The  following  table  shows  the  number  of  employees  in  the  in- 
dustries studied  by  the  Commission  throughout  the  State  for  whom 
individual  wage  statistics  and  personal  data  were  obtained  by 
the  Commission: 


Report  of  Commission  19 


Number  of 
employees 


Mercantile  establishments 69,999 

Shirt  factories 13,056 

Paper  box  factories. 11,760 

Confectionery  factories   9,767 

Button  factories  916 

Millinery  shops    3,983 


Total 109,481 


Wherever  available  the  wage  statistics  for  industrial  vi^orkers  for 
as  much  as  an  entire  year  were  obtained,  so  as  to  ascertain  so  far 
as  practicable  the  actual  annual  earnings  of  the  workers. 

This  does  not  cover  the  workers  interviewed  by  Dr.  Streightoff 
and  his  investigators  in  connection  with  the  cost  of  living  in- 
vestigation, which  will  be  referred  to  hereafter. 

Repoets  of  Wage  Investigation  * 

I.  Mercantile  Establishments. 

1.  Wages  in  retail  stores. 

2.  Organization  of  working  conditions,  by  Albert  H.  N. 

Baron. 

3.  Mutual  Aid  Associations,  by  The  N^ew  York  State 

Insurance  Department. 
II.   The  Shirt  Industry. 
III.  The  Paper  Box  Industry. 

1.  Wages  in  paper  box  factories. 

2.  Accidents  in  paper  box  factories,  by  Marie  S.  Oren- 

stein,  M.A.,  Factory  Inspector  of  the  State  Depart- 
ment of  Labor. 
IV.  The  Confectionery  Industry. 

V.  Button  Factories,  by  Roswell  Skeel,  Jr.,  New  York  City. 
VI.  The  Millinery  Trade,  by  Mary  Van  Kleeck,  Secretary  of 
the  Committee  on  Women's  Work,  Russell  Sage  Founda- 
tion. 


*  Except  where   otherwise  indicated   the   reports   were   prepared  by   the 
Director  of  Investigation. 


20  Report  of  CoaiMissioN 

VII.  Miscellaneous  Wage  Statistics. 

1.  Wages  of  telephone  operators,  submitted  by  the  New 

York  Telephone  Company. 

2.  Wages  in  public  utilities,  submitted  by  the  Public 

Service  Commission,  Second  District. 

The  foregoing  reports  are  set  forth  in  Appendix 
IV,  Volume  II  of  this  report. 
VIII.  Statistical  tables,  a  series  of  365  tables  supplementing 
the  wage  report  and  presenting  for  convenient  reference, 
statistics  showing  in  detail  the  distribution  by  locality 
and  division  of  the  principal  industries  investigated. 
These  tables  are  set  forth  in  Appendix  V,  Volume  III 
of  this  report. 

Relationship  Between   the   Irregularity   of   Employment 
AND  A  Living  Wage  for  Women 

The  general  wage  investigation  showed  great  discrepancies  be- 
tween wage  rates  and  actual  earnings,  as  well  as  large  seasonal 
fluctuations  in  industry.  So  that  further  light  might  be  thrown 
on  this  important  problem  a  special  study  was  made  for  the  Com- 
mission by  Irene  Osgood  Andrews,  Assistant  Secretary  of  the 
American  Association  for  Labor  Legislation,  whose  report  is  pre- 
sented  herewith  in  Appendix  IV  (Volume  II). 

Report  on  Cost  of  Living  in  !New  York  State 

The  investigation  of  the  cost  of  living  in  New  York  State  was 
made  for  the  Commission  under  the  direction  of  Frank  H. 
Streightoff,  Ph.D.,  Professor  of  Economics  in  DePauw  L^niver- 
sity,  and  author  of  "  The  Standard  of  Living  of  Working  People 
in  the  United  States."  A  corps  of  investigators  was  assigned  to 
assist  in  this  investigation  which  extended  over  the  entire  State. 
The  report  of  Dr.  Streightoff  is  submitted  herewith  in  Appendix 
VTI  (Volume  IV  of  the  report).  It  is  an  analysis  of  the  budget 
of  workers,  the  cost  of  living,  and  living  conditions  of  men, 
women  and  children,  employed  in  industries  covered  in  the  gen- 
eral wage  investigation.  The  facts  were  ascertained  chiefly  by 
personal  interviews  with  the  worker^.    The  report  covers  the  cost 


Report  of  Commission  21 

of  living  of  wage  earning  women,  working  men  and  of  the  average 
working  family.  Two  special  studies  on  living  conditions  of  the 
workers  were  made  for  the  Commission  and  are  presented  with 
Dr.  Streightoff's  report. 

1.  How  the  Working  Girl  Lives  in  New  York  City,  by  Marie 
S.  Orenstein. 

2.  Living  on  Six  Dollars  a  Week,  by  Esther  Packard. 

These  reports  describe  concrete  cases,  and  are  the  result  of  per- 
sonal interviews  and  investigations. 

Wages  and  Industrial  Training 
In  the  course  of  its  investigations  statements  were  repeatedly 
made  to  the  Commission,  for  the  most  part  by  employers,  that  in- 
efficiency and  lack  of  training  of  workers  were  mainly  responsible 
for  low  wages.  The  Commission  therefore  undertook  an  investi- 
gation with  the  view  of  ascertaining  the  possibilities  of  vocational 
training  and  its  relation  to  wages  in  the  industries  covered  in  the 
general  wage  investigation.  Through  the  courtesy  of  Dr.  John 
H.  Finley,  President  of  the  University  of  the  State  of  New  York 
and  Commissioner  of  Education,  Mr.  L.  A.  Wilson  of  the  Division 
of  Vocational  Training  of  the  State  Department  of  Education, 
was  assigned  to  direct  the  investigation.  The  expense  of  the  in- 
vestigation was  borne  by  the  Commission ;  it  also  paid  the  salaries 
of  the  agents  appointed  to  assist  in  the  work.  Mr,  Wilson's  report 
is  submitted  in  Appendix  VI  (Volume  IV  of  this  report).  It 
consists  of  the  following  divisions: 

1.  The  possibility  of  vocational  training  in  department  stores. 

2.  The  possibility  of  vocational  training  in  the  paper  box  in- 
dustry. 

3.  The  possibility  of  vocational  training  in  the  confectionery 
industry. 

4.  The  relationship  between  wages  and  industrial  education. 

The  Australasian  Systems  of  Wage  Regulation 

In  its  endeavor  to  ascertain  the  practical  workings  of  wage 

regulation  by  the  State,  the  Commission  found  it  advisable  to 

have  a  special  study  made  of  the  systems  of  wage  regulation  in 

the  countries  of  Australasia,  because  such  regulation  had  been  in 


22  Report  of  Commission 

operation  there  for  a  longer  time  than  anywhere  else.  Through 
the  courtesy  of  Dr.  Samuel  MdCune  Lindsay,  Professor  of  Social 
Legislation  of  Columbia  University,  a  report  on  this  subject  was 
prepared  for  the  Commission  by  Mr.  Paul  Collier,  of  the  School 
of  Political  Science  of  Columbia  University.  The  Commission 
takes  this  opportunity  to  express  its  appreciation  of  the  service 
rendered  by  Mr.  Collier,  without  compensation.  His  report  which 
is  presented  in  Appendix  VIII  (Volume  IV  of  the  report),  and 
which  makes  a  valuable  contribution  to  the  work  of  the  Commis- 
sion, is  an  exhaustive  study  of  the  different  systems  of  wage 
regulation  in  Victoria,  New  Zealand  and  other  countries  of 
Australasia;  the  methods  and  procedure  by  which  the  different 
laws  are  administered,  and  the  effects  on  industry  and  working 
conditions  ascribed  to  them. 

11.  Recodification  of  the  Labok  Law 

The  Commission  submits  herewith  in  Appendix  I,  a  bill  recodi- 
fying the  Labor  Law.  This  bill  was  prepared  after  public  hear- 
ings held  all  over  the  State  and  in  consultation  with  the  advisory 
committees  before  mentioned.  The  details  of  this  recodification 
will  be  taken  up  later  in  the  report. 

III.  Consolidation  of  Departments  Having  Jurisdiction 
Over  Buildings  in  New  York  City 
Complaints  were  made  to  the  Commission  that  there  was  a 
duplication  of  inspection  by  different  city  and  State  departments 
having  jurisdiction  of  buildings  in  New  York  City.  The  Com- 
mission investigated  this  subject  with  a  view  to  determining 
whether  the  functions  of  these  departments,  or  some  of  them, 
should  be  consolidated.  The  Commission  prepared  a  tentative 
plan  and  list  of  questions  on  the  subject,  which  were  widely  dis- 
tributed. Briefs  were  received  from  different  parties  in  interest 
and  later  the  Commission  drafted  a  tentative  bill  for  the  creation 
of  a  Department  of  Buildings  in  New  York  City  which  formed  the 
basis  of  several  public  hearings.  The  work  of  the  Commission  on 
this  subject  and  its  recommendations  will  be  dealt  with  at  length 
later  in  the  report 


Report  of  Commission  23 

IV.  Participation  by  Commission  in  Cases  Involving  the 
Constitutionality  of  its  Laws 

During  the  past  year  the  eonstitutionality  of  two  laws  recom- 
mended by  the  Commission  was  challenged  and  came  before  the 
courts  for  determination.  These  are  the  laws  prohibiting  night 
work  of  women  in  factories  and  prohibiting  the  manufacture  of 
infants  and  children's  wearing  apparel  in  a  living  apartment  of  a 
tenement  house. 

As  stated  in  our  report  of  last  year,  we  cooperated  with  the 
district-attorney  of  Kew  York  county  in  the  preparation  of  a  case 
to  test  the  constitutionality  of  the  law  prohibiting  the  night  work 
of  women  in  factories  (section  93-b  of  the  Labor  Law).  A  case 
was  instituted  against  Charles  Schweinler  Press,  the  owner  of  a 
factory,  engaged  in  the  business  of  printing  and  binding,  for 
having  unlawfully  employed  a  woman  to  work  from  10 :24  p.  m. 
until  four  o'clock  on  the  morning  of  the  following  day.  The  Court 
of  Special  Sessions  convicted  the  defendant  for  a  violation  of  the 
law  but  granted  a  motion  in  arrest  of  judgment.  An  appeal  was 
taken  by  the  People  to  the  Appellate  Division,  which  by  a  divided 
court  reversed  the  order  in  arrest  of  judgment  and  sustained  the 
constitutionality  of  the  law.  The  dissent  was  based  solely  on  the 
decision  of  the  Court  of  Appeals  in  the  case  of  People  v.  Williams, 
189  'N.  Y.  131,  decided  in  1907,  which  declared  unconstitutional 
a  somewhat  similar  statute  prohibiting  the  night  work  of  women  in 
factories.  Mr.  Justice  Ingraham  who  wrote  the  prevailing  opinion 
in  the  case  of  People  v.  Schweinler  Press  in  the  Appellate  Division 
said,  in  referring  to  the  investigation  of  this  Commission  upon 
which  the  law  is  based : 

"  That  investigation  seems  to  have  been  quite  thoroughly 
conducted  and  resulted  in  a  report  to  the  Legislature  which, 
among  other  remedial  legislation,  recommended  the  enactment 
of  the  statute  now  under  consideration.  The  report  of  that 
Commission  is  startling  both  in  regard  to  effect  on  the  physical 
well-being  of  the  night  workers  and  the  moral  effect  upon  the 
women  who  are  employed  in  factories  at  night ". 


24  Report  of  Commission 

Mr.  Justice  Hotchkiss  said : 

"  The  act  under  consideration  was  the  result  of  a  report  to 
the  Legislature  by  a  Factory  Investigating  Commission,  by 
which  the  original  act  was  proposed.  No  one  who  has  read 
that  report  can  for  a  moment  doubt  the  propriety  of  the  act 
having  regard  for  the  conditions  in  this  State,  disclosed  by 
the  report." 

An  appeal  was  taken  by  the  defendant  to  the  Court  of  Appeals 
where  the  case  is  now  pending.  The  Commission  obtained  leave  of 
the  Court  to  file  a  brief  as  amicus  curioe.  Such  a  brief  was  pre- 
pared and  duly  filed,  and  a  copy  is  submitted  herewith  in  Ap- 
pendix II.* 

The  other  law  recommended  by-  the  Commission  which  came 
before  the  courts  for  determination  was  the  law  prohibiting  the 
manufacture  of  infants  and  children's  wearing  apparel  in  a  living 
apartment  in  a  tenement  house.  A  case  was  instituted  in  Brooklyn 
against  a  manufacturer,  Jacob  Balofsky,  for  violation  of  this  law. 
He  was  convicted  by  the  Court  of  Special  Sessions  and  appealed 
to  the  Appellate  Division.  The  Commission  applied  to  the  Court 
for  leave  to  submit  a  brief  as  amicus  curice,  which  application  was 
granted.  The  brief  was  duly  submitted  and  a  copy  of  it  is  set 
forth  in  Appendix  II.  The  Appellate  Division,  in  a  decision 
rendered  February  5,  1915,  unanimously  affirmed  the  judgment  of 
conviction  and  sustained  the  constitutionality  of  the  law. 

Issuance  of  Questionaikes  and  Letters  of  Inquiry 

The  Commission  from  time  to  time  during  the  past  year  issued 
a  series  of  questionaires  and  letters  of  inquiry,  relating  to  different 
phases  of  the  principal  subjects  under  consideration  in  order 
that  it  might  receive  views  and  suggestions  from  as  many  interests 
as  possible.  These  questionaires  and  letters  of  inquiry  were  dis- 
tributed in  large  numbers  all  over  the  State  and  in  many  cases 
sent  to  different  parts  of  the  country. 

•  Since  this  report  was  submitted  the  Court  of  Appeals  has  renderetl  a 
unanimous  decision  in  favor  of  the  constitutionality  of  the  law  prohibiting 
night  work  of  women  in  factories.  A  copy  of  the  court's  opinion  by  Judge 
Hiscock  is  set  forth  at  p.  359,  infra. 


Eeport  of  Commission  25 

The  principal  questionaires  and  letters  of  inquiry  issued  by 
the  Commission  may  be  grouped  under  three  heads : 

1.  Wages  and  wage  legislation, 

2.  Fire  hazard  in  mercantile  establishments. 

3.  Consolidation  of  departments  making  inspections  of  build- 
ings in  New  York  city. 

I.       QUESTIONAIEES    AND     LeTTEKS    OF     InQUIKY    ON     THE    WaGE 

PKOBLEM 

The  following  letters  of  inquiry  were  issued  on  the  subject  of 
wages  and  wage  legislation : 

1.  Questionaire  on  the  Cost  of  Livhig  in  New  York  State 
On  May  4,  1914,  the  Commission  issued  a  letter  of  inquiry  ad- 
dressed to  several  thousand  employers,  employees,  representa- 
tives of  labor  organizations,  officers  of  philanthropic  organizations, 
social  workers  and  others,  asking  for  opinions,  based  on  their  ex- 
perience and  in  the  localities  in  which  they  resided,  on  "  what 
amount  on  the  average  for  a  week  or  year,  is  required  to  support 
in  health  and  working  efficiency : 

1.  A  young  woman  of  16-18  years  living  independently. 

2.  A  young  man  of  16-18  years  living  independently. 

3.  An  adult  woman  living  independently. 

4.  An  adult  man  living  independently. 

5.  A  normal  family  containing  one  man  at  work,  one  woman 
doing  her  own  housework  and  three  children  under  fourteen  at 
school." 

The  Commission  also  asked  that  items  of  expense  for  lodging, 
food,  clothing,  insurance,  recreation,  savings,  etc.,  be  separately 
specified  where  possible.  A  large  number  of  instructive  replies 
were  received,  which  have  been  incorporated  in  the  report  of  Dr. 
Streightoff  on  the  Standard  of  Living.  (Appendix  VII,  to  which 
reference  has  already  been  made.) 

2.  Memoranda  on  the  lielationship  Between  Low  Wages  and 
Vice  and  ImmoraJity  Among  ^Vomen 

In  every  discussion  of  the  wage  problem  reference  has  been 
made  to  the  relationship  between  vice  and  low  wages.  The  Com- 
mission when  it  was  continued  in  1914,  considered  the  advisa- 


26  Report  of  Commission 

bility  of  conducting  an  investigation  into  that  subject.  We  con- 
sulted experts  who  had  made  similar  investigations  in  this  and 
other  states  and  were  advised  that  in  the  time  and  with  the 
resources  that  were  at  the  disposal  of  the  Commission,  very  little 
data,  in  addition  to  what  had  already  been  gathered  in  similar 
investigations  conducted  elsewhere,  could  be  obtained.  The  sub- 
ject, although  most  difficult  to  investigate,  is  very  important  and 
the  Commission  felt  that  the  Legislature  should  have  the  best 
information  available  at  this  time.  On  May  29,  1914,  the  Com- 
mission issued  a  letter  asking  for  a  memorandum  on  the  relation- 
ship between  low  wages  and  the  vice  problem  and  immorality 
among  women,  what  effect  a  living  wage  would  have  on  that  prob- 
lem and  the  advisability  of  enacting  minimum  wage  legislation. 
The  letter  was  sent  to  a  group  of  men  and  women,  well  qualified 
to  speak  with  authority  because  of  their  deep  interest  and  knowl- 
edge, obtained  through  many  years  of  experience  and  study  in 
these  matters.    The  following  submitted  statements : 

Dr.  Katharine  B.  Davis,  Commissioner  of  Corrections  of  New 
York  City,  formerly  Superintendent  of  the  Bedford  Reformatory 
for  Women,  New  York. 

Martha  P.  Falconer,  Superintendent  Girls'  Department  of  the 
Glen  Mills  Schools,  Sleighton  Farms,  Darling,  Pa. 

Dr.  Abraham  Flexner,  Assistant  Secretary,  General  Education 
Board. 

George  J.  Kneeland,  Director,  Department  of  Investigation, 
American  Social  Hygiene  Association,  Director  of  Vice  Inves- 
tigations. 

Maude  E.  Miner,  Secretary,  New  York  Probation  and  Protec- 
tive Association. 

James  Bronson  Reynolds,  Counsel,  American  Social  Hygiene 
Association. 

Mary  K.  Simkhovitch,  Director,  Greenwich  Home  New  York 
City. 

Frederick  K.  Whitin,  General  Secretary,  the  Committee  of 
Fourteen,  New  York  City, 

The  letter  of  inquiry  and  the  memoranda  received  are  set  forth 
in  Appendix  III. 


Report  of  Commission  27 

3.  Questionaire  on  the  Wage  Problem 

On  July  1,  1914,  the  Commission  sent  out  a  questionaire  on  the 
wage  problem.  Among  the  important  questions  submitted  for 
consideration  were  the  following: 

1.  What  factors  determine  the  rates  of  wages  which  any  one 
individual  worker  or  different  groups  of  workers  receive  ? 

2.  Do  wages  as  determined  by  these  factors  tend  generally  to 
equal  what  is  desirable  and  practicable  from  the  point  of  view  of 
society  as  a  whole? 

3'.  If  number  2  is  true  in  general,  are  there  any  particular 
industries  or  groups  of  workers  that  for  special  reasons  are  an 
exception  to  it  ? 

4.  If  present  wages  in  general  or  for  any  particular  groups  of 
workers  are  inadequate,  how  can  they  be  raised  ? 

5.  If  govenmental  action  is  desirable,  is  the  best  form  the 
establishment  of  a  minimum  wage  (the  amount  to  be  determined 
for  different  industries,  after  investigation  by  some  administra- 
tive body)  ?  If  not,  what  other  governmental  action  is  available 
and  how  can  it  be  secured  ? 

6.  If  the  establishment  of  a  minimum  wage  is  desirable  should 
its  application  be  limited  to  women  and  minors  ?     Why  'i 

7.  If  a  minimum  wage  were  established  by  governmental 
action,  what  administrative  agency  should  fix  the  minimum  ? 

8.  What  would  be  the  effects  of  a  minimum  wage  ? 

This  questionaire  was  sent  to  several  thousand  people  through- 
out the  country,  including  experts,  representatives  of  labor,  pro- 
fessional men,  members  of  economic  and  statistical  organizations 
and  others.  The  questionaire  and  the  replies  received  are  set 
forth  in  Appendix  III. 

4.     Wage  Symposium 

The  questionaire  on  the  wage  problem  above  referred  to,  was 
supplemented  by  a  letter  by  the  Commission  on  September  29, 
1914,  asking  for  a  statement  of  views  on  the  subject  of  minimum 
wage  legislation,  to  what  extent  it  should  be  enacted,  the  diffi- 
culties of  administration  and  how  they  might  be  overcome. 


28  Report  of  Commission 

This  letter  was  sent  to  groups  of  men  and  women  representing 
various  interests  and  different  points  of  view  —  economists,  social 
workers,  lawyers,  representatives  of  labor,  and  employers  and 
their  representatives.  The  memoranda  received  in  response  to 
this  inquiry  have  been  arranged  in  the  form  of  a  symposium,  set 
forth  in  Appendix  III. 

Attention  is  called  to  the  section  containing  the  views  of  econo- 
mists which  presents  for  the  first  time  in  collective  form  the 
views  of  leading  economists  of  the  country  on  the  subject  of  wage 
legislation.  That  we  have  been  able  to  obtain  these  statements 
is  due  in  large  part  to  the  co-operation  of  a  sub-committee  of  the 
Advisory  Committee  on  Wage  Legislation,  consisting  of  Professors 
Fisher,  Jenks,  Lindsay,  Seager  and  Wilcox,  who  joined  in  our 
request  to  the  economists  for  an  expression  of  their  views. 

5.  Memoranda  on  the  Relationship  Between  Wages  and  Indus- 
trial Education 

In  October,  1914,  the  Commission  issued  a  letter,  addressed  to 
a  group  of  experts,  on  the  subject  of  industrial  education,  asking 
for  a  statement  of  their  views  on  the  relationship  between  wages, 
efficiency  and  industrial  and  vocational  training.  The  replies 
received  are  presented  in  Appendix  III. 

II.  List  of  Questions  on  the  Fire  Hazard  in  Mercantile 

Establishments 

The  Commission  issued  a  list  of  questions  dealing  with  the 
problem  of  the  fire  hazard  in  mercantile  establishments,  a  copy  of 
which  is  set  forth  in  Appendix  III. 

III.  Questionaire  on  the  Consolidation  of  Departments 
Making  Inspection  of  Buildings  in  New  York  City 

The  Commission  issued  a  list  of  questions  with  reference  to 
the  inspection  of  buildings  by  different  departments  in  Xew  York 
City,  and  a  tentative  plan  for  the  consolidation  of  their  functions. 
A  list  of  such  questions,  and  the  tentative  plan  are  set  forth  in 
Appendix  III. 


Report  of  Commission  29 

Public  Hearings  and  Executive  Sessions 
The  commission  held  the  following  public  hearings  during  the 
past  year: 

1914 

April  28.  New  York  City Fire  Hazard  in  Mercantile  Estab- 
lishments. 

May  18.  New  York  City Duplication  of  Inspections  of  Build- 
ings. 

June      22.     New  York  City Recodification     of     the     Labor     Law. 

June     23.     New  York  City Recodification     of     the     Labor     Law. 

June  24.  New  York  City Fire  Hazard  in  Mercantile  Establish- 
ments and  Recodification  of  the 
Labor  Law. 

June     25.     New  York  Oity Recodification  of  the  Labor  Law. 

June     26.     New  York  City Recodification  of  the  Labor  Law. 

June  29.  New  York  City Hours  of  Labor  of  Railroad  and  Rail- 
way Employees. 

July        6.     Buffalo Recodification  of  the  Labor  Law. 

July  7.  Buffalo  Fire  Hazard  in  Mercantile  Establish- 
ments. 

July        8.     Rochester Recodification  of  the  Labor  Law. 

July       9.     Syracuse    Recodification  of  the  Labor  Law. 

July      10.     Utica    Recodification  of  the  Labor  Law. 

July      11.     Albany     Recodification  of  the  Labor  Law. 

Nov.      23.     New  York  City Consolidation  of  Departments  Having 

Jurisdiction  over  Buildings. 

Nov.      24.     New  York  City Consolidation  of  Departments  Having 

Jurisdiction  over  Buildings. 

Dec.        1.     New  York  City Wages  and  Wage  Legislation. 

Dec.        2.     New  York  City Wages  and  Wage  Legislation. 

Dec.      11.     New  York  City.. Amendments    to    the    Public    Works 

Article  of  the  Labor  Law. 
1915. 

Jan.        7.     New  York  City Wages  and  Wage  Legislation. 

Jan.        8.     New  York  City Wages  and  Wage  Legislation, 

Jan.        9.     New  York  City Wages  and  Wage  Legislation. 

Jan.      22.     New  York  City Wages  and  Wage  Legislation. 

In  addition  to  these  public  hearings,  the  Commission  held  a 
number  of  conferences  on  the  subject  of  the  consolidation  of 
departments  having  jurisdiction  over  buildings  in  l^ew  York 
City  and  a  number  of  meetings  were  had  with  members  of  the 
advisory  committees  on  the  subject  of  wages  and  on  the  recodifi- 
cation of  the  labor  law.  Numerous  executive  sessions  of  the 
Commission  were  held  from  time  to  time  to  determine  the  plan 
of  investigation,  receive  reports  of  investigators,  and  agree  upon 
recommendations. 


30  Report  of  Commission 

The  minutes  of  the  testimony  taken  by  the  Commission,  (num- 
bering 3,118  pages)  are  presented  with  and  made  a  part  of  this 
report. 

Appreciation  of  Assistance 

The  Commission  desires  to  express  its  sincere  appreciation  of 
the  valuable  assistance  and  co-operation  rendered  in  its  work  at 
all  times  by  large  numbers  of  men  and  women,  including  em- 
ployers, manufacturers,  employees,  city  and  State  officials,  officers 
of  civic  and  philanthropic  organizations  and  others.  We  have 
received  so  much  valuable  assistance  from  all  sources  that  it  is 
impossible  for  us  to  make  personal  acknowledgment  of  the  serv- 
ices rendered.  We  desire  in  particular  to  express  our  apprecia- 
tion of  the  services  rendered  by  the  different  advisory  committees 
appointed  to  assist  the  Commission  in  its  work,  and  to  those  who 
took  the  time  and  trouble  to  submit  statements  and  memoranda  to 
the  Commission  which  constitute  an  important  part  of  the  Com- 
mission's report. 


CONTENTS  OF  THE  REPORT 


1.  WAGES  AND  WAGE  LEGISLATION 

2.  RECODIFICATION  OF  THE  LABOR  LAW 

3.  CONSOLIDATION    OF    DEPARTMENTS    HAVING    JURISDICTION 
OVER   BUILDINGS  IN  NEW  YORK  CITY 

[31] 


I.  WAGES  AND  WAGE  LEGISLATION 

The  Commission  would  call  attention  to  certain  aspects  and 
findings  of  the  investigation,  while  desirous  of  avoiding  repeti- 
tion. It  has  been  neither  a  formal  study  of  wage  figures,  nor  a 
prying  and  searching  for  unusual  and  sensational  material.  So 
far  as  was  practicable  all  the  principal  questions  connected  with 
the  subject  of  wages  were  covered.  The  data  regarding  wages 
were  in  every  instance  obtained  from  employer's  records,  and 
were  amply  corroborated  by  interviews  with  workers.  The  per- 
sonal information  relaties  not  only  to  the  nationality,  sex  and  age 
of  employees,  but  includes  occupation,  experience  and  other  fac- 
tors related  to  the  question  of  wages.  Employers  were  invited  to 
examine  the  data  obtained  in  their  establishments  and  freely  to 
offer  such  criticisms,  suggestions  or  explanations  as  they  deemed 
fit.  More  than  2,000  interviews  were  held  with  employees  in 
order  to  obtain  detailed  accounts  of  their  industrial  and  personal 
history,  their  earnings,  expenditures  and  manner  of  living.  These 
data  have-  been,  gathered  throughout  the  State  from  employees 
in  the  confectionery,  paper  box,  men's  shirts,  millinery  and  button 
industries,  and  mercantile  establishments. 

While  the  inquirv^  has  not  been  limited  to  women  and  minors, 
they  predominate  in  the  trades  investigated,  and  the  Commission  in 
presenting  this  summary  of  its  report,  confines  itself  wholly  to  the 
question  of  the  wages  paid  women  and  minors.  Many  men  are 
receiving  low  wages  and  the  investigation  shows  that  many  men 
cannot  properly  support  themselves  nor  support  a  family  on  what 
they  receive.  But  in  America,  where  the  constitutionality  of 
wage  legislation  is  still  undecided,  even  when  it  affects  only 
women,  and  where  legislation  for  the  protection  of  men  has  been, 
generally  declared  unconstitutional  and  has  thus  far  received  little 
public  support,  it  has  been  deemed  wiser  to  deal  with  this  prob- 
lem solely  as  it  relates  tx)  women  and  minors.  It  is  also  clear  that 
the  number  of  women  who  receive  a  low  wage  exceeds  greatly  the 

[33] 
Vol.  1  —  2 


34  Report  of  Commission 

number  of  men,  and  the  need  of  remedial  action  in  their  behalf 
is  immensely  more  urgent.     In  England  and  Australasia  men  as 
well  as  women  are  included  in  wage  legislation,  but  there  is  strong 
public  prejudice  against  any  such  inclusion  in  this  country. 
The  nmnber  of  persons  and  firms  investigated  are: 

Establish-    Number  cf 
menta        employees 

Mercantile  establishments 143  69,999 

Shirt  factories   112  13,056 

Paper  box  factories. 238  11,760 

Confectionery    84  9,767 

Millinery    57  3,983 

Buttons   59  916 


693    109,481 


Wages 

One-half  of  all  the  wage  earners  including  men  and  women, 
in  the  four  principal  industries  investigated  (confectionery,  paper 
box  and  shirt  manufacturing  and  mercantile  establishments), 
receive  less  than  $8.00  a  week.  Out  of  a  total  of  104,000  persons, 
one-eighth  receive  less  than  $5.00,  one^third  less  than  $7.00,  two- 
thirds  less  than  $10.00,  and  only  one-sixth  are  paid  $15.00  or 
more. 

In  speaking  of  wages,  one  important  distinction  should  be 
made  between  the  wage  raie,  which  is  the  amount  a  person  may 
expect  to  earn  when  steadily  at  work,  or  after  completing  an 
allotted  task  within  a  certain  period  of  time,  and  the  actual 
earnings,  which  are  frequently  less  than  the  rates  quoted  because 
of  part  time  or  irregular  work,  and  fines  for  lateness,  breakage, 
mistakes,  and  payment  for  machine,  needle  and  thread, —  such 
as,  for  instance,  is  still  the  custom  in  some  establishments  in  the 
shirt  industry. 

One-half  of  all  the  employees,  including  men  and  women,  in 
the  mercantile  establishments  investigated,  are  rated  at  less  than 
$9.00  a  week.  A  large  majority,  about  40,000,  of  these  low  paid 
employees  are  women  and  girls.     Of  these,  more  than  20,000 


Report  of  Commission  35 

(fifty-four  per  cent.)  are  rated  at  less  than  $7.50  per  week,  and 
more  than  10,000  (twentj-five  per  cent.)  at  less  than  $6.00.  In 
the  shirt  manufacturing  establishments,  where  about  3,000  girls 
and  women  are  employed  by  the  week,  more  than  half  (1,561,  or 
fifty-three  per  cent.)  are  rated  at  less  than  $5.00.  Similarly,  out 
of  4,000  women  and  girls  employed  in  the  paper  box  factories, 
more  than  2,000  (fifty-three  per  cent.)  are  rated  at  less  than  $6.50 
a  week,  and  1,200  (thirty  per  cent.)  at  less  than  $5.50.  In  the 
confectionery  establishments  out  of  4,600  female  workers  more 
than  2,300  (fifty-two  per  cent.)  are  employed  at  less  than  $6.00, 
and  almost  1,000  (twenty-one  per  cent.)  at  less  than  $5.00  for  a 
full  week's  work. 

Piece  Rates. —  It  is  customary  in  all  these  trades  to  pay  some 
workers  by  the  piece  instead  of  by  the  week.  This  means  that 
in  the  busy  season  there  is  a  greater  opportunity  of  making  more 
money,  but  it  is  usual,  especially  in  the  unorganized  trades,  to 
drive  the  workers  to  excessive  speed.  For  instance,  in  the  investi- 
gation of  the  confectionery  industry,  it  is  found  that  a  hand  dipper 
must  coat  about  15  pounds,  say  720  pieces  of  cream  candy  with 
chocolate  per  hour,  or  one  piece  every  five  seconds,  to  earn  15 
cents.  A  girl  to  earn  $6  a  week  in  the  paper  box  industry  must 
paste  paper  strips  on  the  sides  of  6,000  boxes,  or  one  every  half 
minute.  To  earn  $6.50  a  week  a  shirt  operator  must  join  the 
backs  and  fronts  of  5,208  shirts. 

Rates  and  Earnings. —  If  the  season  is  slack  in  any  one  of  these 
trades,  a  girl  does  not  make  as  much  money.  In  any  adequate 
consideration  of  wages,  therefore,  the  actual  weekly  earnings  must 
be  taken  into  account  both  for  time  workers  and  for  piece  workers, 
and  it  is  recognized  that  these  earnings  form  a  better  criterion  of 
remuneration  than  the  statement  of  rates  of  wages  by  themselves. 

Women's  Earnings. —  Taking  account,  then,  of  the  money 
actually  received  as  wages  by  the  women  and  girls  employed  in 
these  industries,  it  is  found  that  in  the  stores  the  earnings  of 
20,000  females  (54  per  cent,  of  all  employed)  are  less  than  $7.50 
per  week;  10,000  (25  per  cent.)  receive  less  than  $5.50  during  an 
ordinary  week.  These  earnings  include,  where  ascertainable,  all 
commissions  paid  to  salespeople.  In  the  shirt  industry,  which 
is  largely  on  a  piece  work  basis,  of  about  9,000  employed  more 


38  Report  of  Commission 

than  4,800  (54  per  cent.)  received  less  than  $7.00  at  the  end  of  a 
week,  and  more  than  2,500  (26  per  cent)  received  less  than  $5.00. 
In  the  manufacture  of  paper  boxes  the  proportions  are  about  the- 
sanio  —  of  some  7,500  females  employed  more  than  one-half 
(4,000  or  55  per  cent)  receive  less  than  $7.00,  and  almost  one- 
fourth  (1,600  or  22  per  cent)  less  than  $5.00.  In  the  confec- 
tionery industry,  employing  about  5,500  almost  3,000  (55  per 
cent.)  receive  less  than  $6.00,  and  more  than  1,100  (21  per  cent) 
less  than  $5.00. 

Age,  Experience  and  Personal  Condition 

Wage  and  Experience. —  These  low  wages  are  by  no  means  paid, 
only  to  apprentices,  either  in  factories  or  stores,  but  to  large  num- 
bers of  women  who  have  been  continuously  in  industry  for  years, 
many  of  whom  have  been  working  for  the  same  employer  a  longi 
time  and  whose  very  presence  in  the  factors'  or  shop  for  so  long: 
a  period  presupposes  efficiency. 

Half  of  those  who  have  five  y&BXs,  experience  in  stores  are- 
receiving  less  than  $8.00  a  week,  and  only  half  of  those  with  ten 
years  experience  receive  $10.00  or  more.  In  the  large  department 
stores,  53  per  cent  of  the  women  get  less  than  $8.00  a  week;  iiL 
the  smaller  neighborhood  stores,  68  per  cent,  get  less  than  $8.00, 
and  in  the  5  and  10  cent  stores,  99  per  cent,  get  less  than  $8.00 
a  week. 

Age  and  Wage. —  Sixty  per  cent,  of  the  women  in  mercantile 
establishments  are  over  twenty-one  years  old.  The  same  is  true 
in  the  shirt-  and  paper  box  industries,  though  in  the  candy  trade 
54  per  cent,  are  between  16  and  21.  The  majority  of  the  women 
in  the  trades  studied  reach  the  $8.00  level  only  after  30  years 
of  age. 

Home  Relations. —  The  explanation,  and  frequently  the  excuse, 
for  the  prevalence  of  low  wages  paid  to  women,  is  the  assumption 
that  they  do  not  need  to  be  self-supporting,  but  are  living  at  home. 
The  value  of  a  worker  should  not  be  judged  by  the  fact 
that  she  may  be  supported  by  another  member  of  her  family.  She 
is  a  unit  in  the  industry  in  which  she  works,  and  for  her  labor 
the  industry  should  pay  her  at  least  a  wage  adequate  for  self- 
support. 


Report  of  Commission  '37 

Our  investigation  shows  that  two-thirds  to  three-fonrths  of  all 
•women  and  girls  employed  are  unmarried,  but  it  shows  clearly 
that  they  do  not  work  for  pin  money.  Women  workers  are  in 
industry  because  they  must  be  there  either  to  support  themselves, 
to  eke  out  the  earnings  of  other  members  of  the  family  or  because 
through  accident  or  chance,  the  entire  burden  of  supporting  the 
family  has  fallen  upon  them.  Women 'who  are -widowed,  divorced 
or  deserted,  women  solely  dependent  upon  themselves,  girls  whose 
fathers  have  died  or  are  ill,  are  among  this  great  army  of  workers 
in  no  small  numbers. 

In  a  special  study  of  1,300  individual  women,  it  was- found  that 
65  per  cent,  live  with  their  families,  75  per  cent,  of  whom  turned 
all  their  wages  into  the  family  budget,  and  more  than  20  per  cent, 
paid  board;  15  per  cent,  live  entirely  alone,  or  with  strangers  or 
friends. 

Cost  of  Living 

A  typical  weekly  budget  of  a  girl  working  in  a  trade  for  $6.00 
a  week  is  as  follows : 

Half  of  the  furnished  room $1  50 

Breakfast  and  dinner 2   10 

Lunch 70 

Carfare 60 

aothes  at  $52  a  year 1  00 

Total   $5  90 


This  leaves  a  balance  of  10  cents.  In  this  account  there  is  no 
allowance  possible  for  doctor  or  dentist,  amusements,  newspapers 
or  extra  carfare.  After  saving  the  balance  for  one  year,  this 
girl  would  have  $5.20  if  she  worked  steadily  and  had  no  expendi- 
tures other  than  those  given  in  the  schedule.  But  the  trade  in 
which  she  works  is  seasonal  so  she  will  not  work  the  full  52  weeks. 
Her  annual  income  may  therefore  be  reduced  one-fifth  or  moie 
from  even  the  low  level  given  above. 

Dr.  Streightoff  in  his  report  states  that  the  cost  of  living  in- 
cludes :  "  food,  clothing,  shelter,  intellectual  development,  recrea- 
tion and  a  provision  for  the  future."    He  holds  this  to  be  a  concept 

65830 


38  Report  of  Commission 

of  a  decent  livelihood  which  is  defensible  at  every  point.  In 
considering  the  question  of  adequate  self-support  the  standard  of 
living  set  by  such  an  organization  as  the  Young  Women's  Christian 
Association,  dealing  largely  with  working  women,  may  be  ac- 
cepted. This  organization  has  a  list  of  available  rooms  and  board- 
ing places,  which  have  been  investigated,  and  which  it  considers 
suitable  for  working  women.  On  inquiry,  it  is  found  that  there 
are  only  a  few  rooms  in  New  York  City  at  $2.50  a  week ;  that  com- 
fortable rooms  can  be  secured  usually  only  at  $4.00  a  week  and 
that  occasionally  board  and  lodging  may  be  had  for  $7.00,  but 
that  the  usual  price  is  $9.00. 

It  is  quite  apparent  that  this  standard  is  altogether  too  high 
for  the  great  mass  of  working  women  investigated,  over  50  per 
cent  of  whom  receive  less  than  $8.00  a  week.  Dr.  Streightoff, 
after  careful  computation  and  study  of  reports  of  students  of 
the  subject,  concludes  that  the  very  lowest  sum  upon  which  a 
working  woman  can  decently  maintain  herself  in  that  "  city  of 
the  State  where  the  rents  and  food  prices  seem  about  the  .lowest, 
in  Buffalo,  is  $8.20  per  week  the  year  round,  and  in  New  York 
City,  $9.00."  Even  at  this  figure  it  will  be  seen  that  the  great 
army  of  working  women  can  not  adequately  support  themselves. 

Irregulabity  of  Employment  and  Lack  of  Standardization 

IN  Trades 

The  trades  that  have  been  investigated  are  aU  seasonal,  that  is, 
for  a  certain  period  of  time  there  is  slack  work  or  no  work,  which 
means  that  a  great  group  of  workers  do  not  earn  as  much  as  the 
weekly  rate  quoted,  and  during  some  periods,  varying  from  one 
to  ten  weeks,  earn  nothing  at  all.  Twenty-five  per  cent,  of  the 
workers  in  the  confectionery  trade  are  discharged  immediately 
after  Christmas,  and  in  the  shirt  industry  there  is  a  fluctuation 
of  33  per  cent.  Eighteen  large  department  stores  in  New  York 
City  employed  in  their  busy  season  before  Christmas,  about  56,000 
people,  and  in  their  slack  season,  during  the  summer,  about  35,000 
—  a  difference  of  about  21,000  people.  The  usual  number  em- 
ployed is  about  42,000.  But  this  seasonal  fluctuation  by  no  means 
represents  the  extent  of  shifting  from  one  establishment  to  another. 
In  the  confectionery  and  paper  box  industries  three  times  as  many 


Eeport  of  Commission  39 

people  as  the  firms  ordinarily  employ  at  one  time,  entered  and 
left  the  industries.  Out  of  3,983  workers  employed  in  the  mil- 
linery shops,  only  17  per  cent,  appeared  on  the  payroll  of  any  one 
shop  40  weeks  or  longer  in  the  year  studied,  while  52  per  cent, 
worked  but  8  weeks  in  the  same  shop. 

The  workers  that  are  dismissed  most  quickly  are  the  low  paid 
workers  who  can  least  bear  being  out  of  work.  Their  wages  are 
too  low  to  admit  of  saving  during  the  time  of  employment,  and 
thus  they  are  destitute  of  any  means  of  self-support.  For  in- 
stance, Tina,  an  operator  in  a  clothing  manufacturing  establish- 
ment received  $7.00  to  $8.00  a  week  when  she  was  working  full 
time  and  overtime.  During  slack  season  her  earnings  dropped  to 
nothing,  or  to  as  little  as  $3.00  and  $3.50  a  week.  Her  total  in- 
come for  the  year  was  $262.00. 

In  the  department  stores  the  shifting  of  employees  is  extremely 
great.  A  striking  illustration  is  found  in  the  records  of  one  of 
the  large  l^ew  York  City  department  stores  which  hired  over 
12,000  employees  in  one  year  in  order  to  maintain  a  permanent 
force  of  a  little  over  3,000. 

Number  of  Employees  in  Seven  Largest  Department  Stores 


Average  number 
employed 

5,000 

Number  added  during 
the  year 

5,500 

Number  dropped  or 

leaving  during 

the  year 

4,296 

5,979 

5,950 

4,272 

6,809 

6,712 

3,750 
3,500 

12,159 
8,155 

10,382 

8,750 

3,497 
2,313 

875 
2,967 

940 
2,539 

In  going  over  the  reports  it  is  apparent  that  these  industries 
are  in  a  chaotic  condition  as  relates  to  standards  of  wages  and 
regularity  of  employment.  Both  wages  and  irregularity  of  em- 
ployment testify  to  this.  There  appears  to  be  no  wage  standard 
throughout  these  trades.  In  one  factory  paper  cutters  were 
receiving  from  $10  to  $15,  while  in  another  factory  they  received 
for  the  same  kind  of  work  $15  to  $20.     The  laborers  in  one  candv 


«<M)  Report  of  Commission 

factory  received  $6  or  over,  and  in  another  they  received  less, 
and  never  more.  In  New  York  City  the  rate  for  a  certain  line  of 
work  in  shirt  making  was  from  1  to  5  cents  a  dozen.  In  another 
city  for  a  slightly  better  grade  of  vrork  5  to  10  cents  a  dozen. 
Some  of  the  manufacturers  were  amazed  at  the  low  price  paid  for 
this  labor  and  would  not  believe  it  imtil  confronted  by  the  facts. 
Prison  Labor  and  Home  Work. —  Wages  in  the  shirt  industry 
are  further  depressed  by  competition  with  institution  made  shirts 
which  are  sold  in  the  open  market,  largely  from  prisons  in  Rhode 
Island  and  Maryland,  but  also  from  the  West.  The  extent  of  this 
competition  is  not  exactly  known,  but  the  output  from  only  two 
institutions  in  1913  was  195,000  dozen  shirts.  In  other  lines  of 
work  there  is  more  or  less  competition  with  home  work,  which  the 
Commission  in  an  earlier  report  recommended  be  prohibited  en- 
tirely by  gradual  steps. 

VOCATIONAI.    AND    TkADE    TbAINING 

The  Commission  inquired  into  the  question  of  vocational  and 
trade  training  in  relation  to  these  low  paying  industries.  In  the 
paper  box  industry  an  extensive  study  was  made  by  Professor 
Robert  J.  Leonard,  of  Indiana  TTniversity.  This  industry 
has  followed  the  usual  line  of  development.  There  is  a  great  sub- 
division of  labor,  a  worker  does  but  one  thing  over  and  over  again 
throughout  the  entire  day.  A  short  course  in  vocational  training 
(vas  recommended  in  certain  departments  where  men  worked,  but 
in  the  case  of  girls  and  women,  who  constituted  82  per  cent,  of 
the  workers,  the  conclusion  was  reached,  "  that  no  scheme  of 
vocational  training  would  increase  the  wage  earning  at  all  for  the 
great  bulk  of  workers."  In  this  he  was  upheld  by  most  of  the 
employers. 

It  might  be  possible  to  increase  the  wage  earning  capacity  of 
individual  girls  simply  by  giving  them  an  opportunity  to  try  out 
their  qualification  in  the  different  branches  of  the  trade, —  but 
even  so  simple  a  matter  as  this  has  been  tried  only  by  a  few  man- 
agers. Purely  by  chance  does  the  girl  find  herself  in  her  work. 
This  is  illustrative  of  other  trades  where  there  is  a  great  sub- 
division of  labor.  Boys  and  girls  enter  these  trades  because  in 
their  search  for  work  they  chance  upon  a  sign  or  advertisement 


Report  of  Commission  41 

that  they  are  wanted, —  but  such  work  is  more  likely  to  lead  to  no 
opportunity  for  development  than  to  any  good  position.  At  last 
it  is  being  recognized  that  a  large  majority  of  workers  enter  the 
so-called  enervating  trades  which  require  no  judgment  nor  knowl- 
edge, no  initiative  and  no  planning,  but  solely  the  habit  of  auto- 
matic repetition,  which  is  destructive  of  self-expression.  The 
demand  on  the  part  of  the  public  for  vocational  training  is  not 
only  a  challenge  to  the  schools  to  give  it,  but  more  especially  to  the 
industries.  As  Dr.  John  H.  Finley,  State  Commissioner  of  Edu- 
cation, wrote  in  a  statement  to  the  Commission,  "  It  is  a  challenge 
to  each  industry  as  to  what  it  has  to  offer  the  boy  or  girl  whom  it 
invites  into  its  factory  doors.  A  challenge  to  show  a  clean  bill  of 
health  with  respect  to  all  such  factors  as  opportunity  for  advance- 
ment, educational  content,  wages,  hours,  and  hygienic  conditions." 
The  State  must  recognize  its  obligations  to  co-operate  with  in- 
dustry for  the  advancement  of  its  citizens,  and  industry  must 
recognize  its  obligation  to  the  State.  If  industry  has-  been  so 
developed  that  it  makes  for  intellectual  deterioration  in  its  work- 
ers, the  State  in  some  manner  must  counteract  and  correct  that 
evil.  Herman  Schneider,  dean  of  the  College  of  Engineering  of 
the  University  of  Cincinnati,  in  his  report  to  the  Committee  on 
School  Inquiry  of  the  Board  of  Estimate  and  Apportionment  of 
the  City  of  l\ew  York,  states  that  "  It  is  safe  to  say  that  the 
morale  of  a  community  depends  upon  the  kind  of  work  it  does. 
A  rural  community  of  about  twelve  thousand  people,  having 
clean  political  conditions,  a  high  moral  tone,  few  jarring 
families,  well  kept  gardens,  and  a  good  average  of  intelligence,  is^ 
a  desirable  place  from  the  manufacturer's  viewpoint,  in  which' 
to  locate  a  factory.  If  a  manufacturer  locates  in  such  a  place 
and  employs  three  thousand  of  the  men,  women  and  children  in 
purely  automatic,  noisy,  high-speed  work,  the  town  will  change 
very  materially  in  one  generation." 

ExPBESSiox  OF  Public  Opinion 

Six  public  hearings  were  held  upon  this  subject  The  first,. 
at  which  the  results  of  the  investigation  were  given,,  was  followed 
a  week  later  by  others  at  which  people  who  were  interested  in  this 


42  Report  of  Commission 

question  could  express  themselves  publicly.  Both  at  the  hear- 
ings and  in  answer  to  the  questionaire  the  Commission  sent  out 
reasons  were  presented  both  for  and  against  state  interference 
with  wages  of  women  and  unions. 

The  Commission  desires  to  summarize  the  objections  interposed 
to  wage  legislation  as  follows: 

1.  That  wages  are  regulated  by  the  "law  of  supply  and  de- 
mand." 

2.  That  a  minimum  wage  law  would  put  an  unfair  burden  on 
the  industries  in  the  State  because  of  the  absence  of  similar  laws 
in  competing  states,  and  that  the  effect  would  be  to  drive  indus- 
tries from  the  State. 

3.  It  would  throw  out  of  employment  many  workers,  especially 
the  inefficient  who  are  partially  self-supporting,  thereby  placing 
a  greater  burden  upon  the  families. 

4.  It  would  increase  the  cost  of  production  and  consequently 
increase  the  price  to  the  consumer  and  be  of  no  benefit  to  the 
worker,  who  would  lose  as  consumer  what  she  gained  as  worker. 

5.  The  minimum  wage  would  become  the  maximum. 

6.  It  should  be  left  to  the  workers  to  increase  their  wages. 

7.  It  would  compromise  the  functions  and  power  of  trade 
unions. 

8.  It  would  shorten  the  seasons. 

9.  If  the  law  made  the  establishment  of  minimum  wages  com- 
pulsory it  would  be  a  limitation  upon  the  liberty  of  employers  to 
contract  to  employ  a  person  and  the  employee  to  contract  to  work, 
and  that  if  the  State  can  establish  a  minimum  rate  it  can  also 
establish  a  maximum  rate  and  force  the  workers  to  work  for  that. 

10.  The  State  should  not  interfere  in  any  form  with  the  rights 
of  employers  to  pay  what  wages  they  wished. 

11.  It  would  be  a  disadvantage  to  and  jeopardize  the  struggle 
for  the  enfranchisement  of  women. 

12.  Wages  could  be  increased  through  industrial  training,  which 
would  make  the  workers  more  efficient. 

The  arguments  in  support  of  wage  legislation  may  be  sum- 
marized as  follows: 

1.  "  There  is  no  such  inexorable  rule  as  the  '  law  of  supply  and 
demand.'     It  is  an  economic  tendency,  but  there  are  conditions 


REroRT  OF  Commission  43 

under  which  the  '  law  of  supply  and  demand '  does  not  work.  We 
here  in  Xew  York  are  particularly  familiar  with  and  have  been 
made  familiar  during  this  war  with  the  fact  that  conditions  arise 
where  the  '  law  of  supply  and  demand  '  fails  so  absolutely  to  work 
that  we  have  had  to  close  for  three  or  four  months  the  stock  ex- 
change. Other  exchanges  throughout  the  world  have  had  to  be 
closed  simply  because  we  come  to  a  point  where  for  one  reason  or 
another  the  '  law  of  supply  and  demand  '  does  not  work.  The  only 
reason  why  the  trade  union  had  to  come  into  existence  was  because 
the  '  law  of  supply  and  demand  '  did  not  properly  work  between  the 
opposing  forces  of  the  more  powerful  employer  and  the  indi- 
vidual worker."  It  must  be  remembered  that  there  is  ever  in  our 
midst  as  a  result  of  economic  conditions,  an  army  of  unem- 
ployed. This  tends  to  keep  the  wages  of  the  so-called  unskilled 
workers  at  the  lowest  possible  level,  and  thus,  by  leaving  the  wage 
question  to  the  "  law  of  supply  and  demand  "  we  permit  of  a 
most  perfect  system  of  exploitation. 

2.  In  any  given  industry  which  would  come  under  a  minimum 
wage  law,  all  employees  within  the  State  would  be  equally  af- 
fected, so  that  competition  would  not  be  disturbed.  The  industry- 
would  not  bear  a  greater  burden  than  it  does  now,  when  through 
trade  union  organization  wages  in  one  industry  in  one  State  are 
increased  and  not  in  another.  There  is  not  even  today  a  uniform- 
ity of  conditions  in  competing  industries  in  different  states,  nor  in 
the  same  state,  as  wages  alone  are  not  the  deciding  factor.  The 
threat  of  moving  out  of  the  sitate  is  a  century-old  argument  and 
has  been  used  every  time  any  factory  law  was  advocated,  whether 
it  was  prohibiting  the  hours  of  labor  for  women,  of  child  labor, 
or  less  important  ones.  As  long  as  the  public  welfare,  health, 
safety  and  morale  require  any  restriction,  the  State  accepts  re- 
striction. The  employee  must  be  protected  not  only  in  his  own 
interest  but  in  the  interest  of  society. 

3.  That  a  minimum  wage  would  throw  out  of  employment  a 
large  group  of  workers  has  not  been  the  experience  in  those 
countries  where  it  has  been  tried,  and  if  wage  boards  increase 
the  wages  of  the  low  paid  workers  gradually,  no  such  disaster 
would  follow.  It  is  based  on  the  alleged  fact,  a  fact  not  estab- 
lished through  any  investigation  of  the  subject,  that  the  worth  of 


44  Report  of  Comahssion 

an  employee's  service  is  exactly  known ;  that  the  girl  who  receives 
$8.50,  $4.50  or  $6.00  is  exactly  worth  that  sum  to  the  employer: 
The  subdivision  cf  labor  makes  it  very  difficult  for  the  employer 
to  compute  the  exact  value  of  the  work  done  by  each  girl,  but 
however  unskilled  her  work  may  be^  she  is  a  necessary  part  in  the- 
process  of  completing  the  article  and  therefore  of  importance. 
We  would  not  say  that  the  spark  plug  of  an  automobile  is  as 
valuable  as  the  automobile  itself,  yet  without  the  spark  plug  the 
automobile  is  useless  as  a  vehicle.  However,  it  is  desirable  to 
eliminate  the  incompetent  and  defective  workers  from  competition 
with  competent  ones.  They  now  freely  compete  with  the  compe- 
tents,  thus  driving  down  wages.  This  group  is  by  no  means  as 
great  as  is  sometimes  assimaed,  for  even  now,  at  any  wage,  the 
employer  selects  the  most  capable  persons  obtainable. 

4.  At  the  hearings  before  the  Commission  it  was  stated  that 
after  the  initial  period  of  introduction  the  cost  of  production 
would  be  reduced  rather  than  increased  because  the  worker  will 
be  more  competent,  being  in  better  physical  condition  as  the  nor- 
mal result  of  better  food.  A  striking  instance  of  increased  effir 
ciency  was  given  by  Mr.  N.  I.  Stone^  from  the  investigation  of  the 
tariff  board.  As  a  result  of  an  eight  months'  strike  in  the  largest 
paper  mills  in  the  coimtry,  an  eight  hour  shift  was  established  in 
place  of  a  twelve  hour  shift,  resulting  in  a  practical  increase  in 
wages  of  thirty-three  and  one-third  per  cent.  Within  the  year 
it  was  found  that  the  cost  of  production  had  decreased  ten  per 
cent,  with  no  other  changes  except  the  change  from  twelve  to 
eight  hours.  The  cheap  worker  is  disregarded,  the  wage  paid  him 
is  so  little  he  is  not  worth  considering.  Our  investigations  show 
that  it  is  the  cheap  worker  who  is  first  dismissed.  It  was  difficult 
to  obtain  information  regarding  the  cost  of  production,  but  in  the 
making  of  men's  work  shirts,  which  retail  at  fifty  cents  it  was 
found  that  it  cost  the  manufacturers  $2.35  per  dozen;  he  sells 
them  to  the  jobber,  at  $3.00  or  $3.50  a  dozen.  The  material  in. 
the  shirt  costs  about  twenty  cents,  the  labor  for  cutting,  sewing 
and  tacking,  costs  a  little  less  than  five  cents.  That  is,  the  labor 
cost  is  only  20  per  cent,  of  all  expenses.  Therefore  an  increase. 
of  10  per  cent,  in  the  pay  roll  would  amount  to  only  2  per  cent. 


Report  op  Commission  -45 

in  the  cost.  This  will  indicate  that,  an  increase  in  the  labor 
cost,  if  it  did  aifect  production,  still  would  not  necessarily  com- 
pare to  any  increase  in  the  price  to  the  consumer. 

Aside  from  this,  the  conditions  which  exist  today  in  the  so- 
caJled  sAveated  industries  are  such  that  if  tliey  are  continued, 
there  will  be  an  ever  increasing  number  of  dependent  classes  for 
which  increased  appropriations  must  be  made  by  the  State,  the 
ultimate  cost  of  which  would  fall  upon  the  consumer  in  tlie  form 
of  taxes.  ''  Our  dangers  with  the  dependent  classes  which  we 
are  producing,  by  just  such  conditions  as  the  Minimum  Wage 
Law  is  endeavoring  to  remedy,  will  become  so  great  that  society 
cannot  bear  it.  We  cannot  by  any  process  of  public  or  private 
charity  carry  the  load  we  are  creating  under  our  industrial  con- 
ditions. We  will  pay  the  price  at  compound  interest,  not  only 
compound  interest,  but  with  compound  interest  at  usurers'  rates." 
But  if  the  welfare  of  the  State  required  it,  might  it  not  be  best 
for  the  consimier  to  pay  in  a  small  increase  of  cost  instead  of  an 
increase  of  taxation  to  repair  human  waste? 

5.  There  is  no  reason  to  fear  that  the  minimum  wage  will  be- 
come the  maximum.  It  has  not  proven  to  be  so  in  those  indus- 
tries where  it  has  been  tried.  In  Australia,  for  instance,  women 
making  a  certain  grade  of  clothing  have  a  minimum  wage  of  $9, 
but  the  average  wage  is  $10.50.  There  is  not  as  much  reason 
why  a  minimum  fixed  by  law  should  become  a  maximum  as  if  it 
is  fixed  by  the  trade  union,  and  yet  in  the  garment  industry  in 
I^ew  York  City,  the  minimum  fixed  by  the  protocol  is  by  no 
means  the  maximum,  which  in  some  instances  is  50  per  cent, 
more.  Individual  differences  would  still  be  recognized,  and  as 
long  as  individual  differences  exist  and  no  limitations  are  placed 
on  production,  there  is  no  reason  to  fear  the  minimum  becoming 
the  maximum. 

6.  Thei*e  is  no  question  but  that  it  would  be  altogether  more 
desirable  for  the  workers  through  collective  action  with  their 
employers,  to  establish  higher  rates  of  wages  than  they  are 
getting,  but  it  is  clearly  shown  that  there  are  thousands  of 
workers  who  have  failed  to  compel  an  increase  in  wages.  They 
have  either  been  too  heavily  handicapped,  too  ignorant,  or  the 
diificulties  have  been  too  unsurmountable  to  perimit  of  collective 


46  Report  of  Commission 

action.     The  establislmient  of  a  minimum  wage  would  in  no  way 
interfere  with  collective  bargaining. 

7.  The  fear  on  the  part  of  certain  trade  unions  that  it  would 
compromiae  the  functions  and  power  of  trade  unions,  would  seem 
to  be  effectively  answered  by  the  reports  from  Europe  and 
Australia.  Prof.  M.  B.  Hammond,  who  in  1911-1912  investigated 
this  question  in  Australia,  reports  that  the  membership  of  the 
trade  union  has  increased  since  the  enactment  of  the  wage  laws, 
and  that  the  trade  unions  corresponding  to  the  American  Federa- 
tion of  Labor  here,  are  unqualifiedly  in  favor  of  the  law,  and 
while  there  is  difference  of  opinion  as  to  the  working  out  of  the 
law,  neither  employers  nor  workers  wished  to  abolish  it.  The  re- 
ports from  England  show  that  an  increase  in  organization  has 
followed  in  such  trades  as  the  tailors  and  the  chain  makers, 
though  the  lace  makers  have  not  been  so  successful.  The  fear 
that  the  incentive  to  belong  to  a  union  is  removed,  is  unfounded, 
and  absence  of  wage  regulation  has  not  induced  the  workers  in 
those  trades  investigated  to  organize. 

8.  Reports  from  England  show  that  the  seasons  have  been 
lengthened  and  the  fluctuation  has  been  much  lessened.  High 
priced  labor  is  not  readily  dismissed. 

9.  In  answering  the  charge  that  it  is  a  limitation  on  the  right 
of  contract,  we  quote:  "The  courts  have  uniformly  held  that 
under  the  constitution  there  is  no  power  to  compel  any  one  to 
work.  There  is  not  only  no  contract  that  can  do  it,  but  no  law 
can  do  it.  I  can  see  no  difference  whatever  between  infringing 
the  liberty  of  contract  with  respect  to  the  hours  of  labor,  and  in- 
fringing liberty  of  contract  with  respect  to  a  minimum  wage." 

10.  If  it  is  desirable  in  the  interest  of  the  State  to  protect  its 
citizens  from  exploitation,  there  is  the  same  justification  to  pro- 
hibit employers  from  paying  excessively  low  wages  as  for  other 
modem  restriction  such  as  the  prevention  of  the  employment  of 
women  for  more  than  a  specified  number  of  hours  per  day  or  at 
night,  or  in  unsanitary  workshops.  Low  wages  are  an  outgrowth 
of  bad  economic  conditions.  The  value  of  the  work  done  is  not 
considered  at  all  in  the  hiring  of  such  workers.  What  the  decid- 
ing point  is,  is  the  need  of  the  individual  coupled  with  the  num- 
ber of  competitors  for  the  same  job.     If  in  the  interest  of  the 


Report  of  Commission  4Y 

State  it  is  undesirable  for  women  to  be  paid  such  low  wages  that 
they  cannot  support  themselves  while  working,  it  is  within  the 
right  of  the  State  to  protect  them. 

11.  There  are  laws  to-day  protecting  men  even  though  they  are 
enfranchised.  To  abolish  any  of  the  protective  legislation  now 
accepted  for  men  and  women  would  be  most  injurious.  In  1911 
the  Legislature  of  'California  gave  women  the  vote  and  the  same 
Legislature  passed  the  Eight  Hour  Day  for  women  in  many 
industries. 

12.  It  was  pointed  out  at  the  public  hearings  that  efficiency  in 
industry  has  become  primarily  a  matter  of  management,  because 
of  the  great  subdivision  of  labor  and  because  the  increase  in  wages 
for  efficiency,  as  has  been  shown  by  the  investigation,  is  slight. 
Unless  there  is  an  incentive  to  efficiency  it  cannot  be  created. 
Industrial  training  will  not  become  effective  until  the  bread 
and  butter  question  is  solved.  As  one  of  the  witnesses  remarked, 
"  It  does  absolutely  no  good  to  send  a  girl  of  18  to  a  school  where 
she  will  get  additional  education,  if  she  is  trying  to  live  on  $6.00 
a  week."  In  the  millinery  trade  skilled  workers  did  not  earn 
enough  so  that  they  could  support  themselves.  The  mere  effi- 
ciency of  the  worker  will  not  guarantee  a  better  wage. 

Conclusions 

After  careful  deliberation  and  study  of  the  results  of  its  investi- 
gation and  the  testimony  taken,  the  Commission  has  come  to  the 
conclusion  that  the  State  is  justified  in  protecting  the  under-paid 
women  workers  and  minors  in  the  interest  of  the  State  and 
society.  It  finds  that  there  are  thousands  of  women  and  minors 
employed  in  the  industries  throughout  the  State  of  New  York  who 
are  receiving  too  low  a  wage  adequately  to  maintain  them  in 
health  and  decent  comfort.  The  Commission  believes  this  in- 
juriously affects  the  lives  and  health  of  these  underpaid  workers, 
and  that  it  is  opposed  to  the  best  interests  and  welfare  of  the 
people  of  the  State. 

In  order  to  remedy  this  evil,  the  Commission  recommends: 

First  The  enactment  of  a  law  creating  a  Wage  Commission, 
which,  after  investigation,  shall  establish  Wage  Boards,  composed 
of  representatives  of  employers,  employees  and  the  public,  in  any 


r^iS  Hbpobt  of  Commission 

industry  in  which  it  has  reason  to  believe  women  and  minors  are 
receiving  less  than  a  living  wage.  Wherever  possible,  the  em- 
ployers and  workers  are  to  be  elected  by  their  respective  groups; 
but  if  this  is  impossible,  employers  and  employees  shall  be  notified 
of  meetings  at  which  the  work  of  the  Wage  Commission  shall  be 
explained,  and  the  representatives  of  the  trade  asked  to  present 
recommendations  to  the  Wage  Board.  The  Wage  Commission, 
after  public  hearings,  and  upon  consideration  of  the  report  of  the 
Wage  Board  shall  determine  the  amount  of  the  living  wage  neces- 
sary for  such  women  and  minors,  and  recommend  to  employers 
payment  thereof.  The  determination  of  the  Wage  Commission 
shall  be  published,  and  the  Commission  shall  also  be  required  to 
publish  the  names  of  employers  who  fail  to  comply   with  its 

recommendations. 

The  Commission  submits  herewith  in  Appendix  I,  a  bill  for  the 

creation  of  a  Wage  Commission  to  carry  into  effect  the  foregoing 

Tecommendations. 

Second.  The  adoption  of  an  amendment  to  the  Constitution 

empowering  the   Legislature  to  establish   a   Wage   Commission 

which  shall  have  power  to  fix  living  wages  for  women  and  minors 

in  industry. 

Third.  That  the  Legislature  submit   this  proposition   to  the 

Constitutional  Convention  for  consideration. 

The  Commission  does  not  at  this  time  recommend  that  the 

Wage  Commission  be  given  power  to  enforce  its  determinations^ 

for  the  following  reasons: 

1.  The  constitutionality  of  such  a  law  has  been  challenged  in 
a  case  now  pending  before  the  Supreme  Court  of  the  United 
States. 

2.  In  an  initial  measure  as  provided  in  the  bill  recommended 
herewith,  the  question  of  wages  should  be  adjusted  by  voluntary 
mutual  action  of  those  most  directly  concerned,  aided  by  an  en- 
lightened public  opinion.  If,  however,  it  should  prove,  after  a 
fair  test,  that  this  method  is  ineffective,  the  Legislature  should 
have  unquestioned  power  to  provide  effective  penalties  to  secure 
the  proper  enforcement  of  the  determination  of  the  Wage  Com- 
mission. 


Kepokt  of  Commission  49 

The  Commission  holds  that  such  Wage  Boards  will  be  the  most 
effective  means  of  standardizing  these  trades;  that  they  would 
not  put  an  unfair  burden  on  the  industries  in  the  State;  that  it 
would  not  throw  out  of  employment  many  workers,  particularly 
if  the  Wage  Boards  worked  out  the  problem  with  care;  that  the 
minimum  would  not  become  the  maximum,  but  on  the  contrary 
'that  it  will  be  of  increased  economic  value  due  to  better  nourished 
workers,  resulting  in  a  more  efficient  output ;  that  no  appreciable 
increased  cost  of  production  would  follow;  that  there  is  no  limi- 
tation on  the  right  of  contract;  and  that  it  is  the  high  duty  of 
-the  State  to  protect  its  women  workers  from  such  excessively  low 
wages  as  the  investigation  has  shown.  Even  such  an  authority  as 
the  counsel  for  the  manufacturers,  Mr.  Rome  G.  Brown,  who 
was  one  of  the  attorneys  to  argue  the  case  before  the  Supreme 
Court  of  the  United  States,  involving  the  constitutionality  of  the 
minimum  wage  law  in  Oregon,  stated  before  the  Commission  that 
such  a  law  as  proposed  by  this  Commission  is  entirely  proper. 

While  the  Commission  recognizes  the  value  that  vocational  and 
•trade  training  would  give  to  a  great  group  of  young  men  and 
"women  entering  industry,  while  it  heartily  endoi*ses  the  work 
undertaken  by  State  and  city  for  the  advancement  of  industry 
and  trade  training,  it  recognizes  the  fact  that  the  development 
of  machinery  making  for  constantly  simplifying  processes  in 
which  less  skill  is  required,  gives  no  assurance  that  unaided  these 
industries  will  be  able  to  find  a  way  out  of  the  condition  in  which 
they  are  at  present.  "Any  woman  or  child  can  handle  this 
machine  "  is  an  advertisement  frequently  seen ;  and  followed  to 
its  logical  conclusion  it  would  mean  child  labor  displacing  man 
and  woman  labor.  This  the  State  has  guarded  against  through 
its  child  labor  laws.  It  must  guard  against  low  wages  in  the 
same  way,  for  it  pays  the  penalty  in  the  loss  of  a  well  balanced 
manhood  and  womanhood  due  to  the  disentegrating  effects  of 
these  low  wages.  Hospitals,  reformatories,  asylums  and  prisons 
paid  and  cared  for  by  the  State,  are  inevitable  results  of  low 
wages,  and  long  periods  of  idleness. 

It  is  believed  that  a  Wage  Board  in  each  industry  should  not 
only  consider  the  question  of  a  weekly  or  hourly  wage,  and 
standardize  minimum  wage  rates,  but  should  take  up  the  study 


50  Repokt  of  Commission 

of  seasonal  unemployment.  This  difficult  problem  has  been  met 
by  Justice  Higgins,  of  the  Australian  Commonwealth  Arbitra- 
tion Court,  in  establishing  a  minimum  wage  for  the  deck  and 
wharf  laborers.  He  found  that  men  worked  but  thirty  hours  a 
week,  considering  both  slack  and  busy  season,  and  the  minimum 
wage  was  based  upon  the  cost  of  living  for  those  workers.  The 
award  was  provisional  until  such  time  as  the  employers  had  set 
their  house  in  order,  and  devised  means  whereby  steadier  work 
would  be  provided.  This  emphasizes  one  point,  namely, 
the  obligation  on  the  part  of  the  industry  to  pay  for  time  as  well 
as  service  rendered.  For  instance,  if  girls  are  kept  in  a  factory 
all  day  long,  whether  they  work  or  not,  the  industry  holding  them 
there  should  pay  for  their  time,  which  they  may  not  use  in  any 
way  for  themselves. 

Doubtless,  part  of  the  remedy  lies  in  keeping  the  number  of 
young  inexperienced  boys  and  girls  who  now  enter  industry,  in 
trade  and  vocational  schools,  and  placing  them  in  industry  at  the 
times  of  special  rush  only  when  they  would  get  a  certain  amount 
of  commercial  training.  This  would  also  do  much  to  standardize 
the  industries.  As  speedily  as  possible  the  age  limit  of  children 
who  may  be  employed  should  be  raised,  at  the  same  time  raising 
the  compulsory  school  age.  Through  this  system  of  vocational 
trade  and  culture  education,  through  State  and  city  employment 
bureaus,  through  wage  boards,  a  real  impulse  would  be  given  to 
the  standardization  of  these  industries. 

The  Commission  believes  that  it  is  of  the  utmost  importance 
to  hasten  the  establishment  of  a  system  of  labor  exchanges 
throughout  the  State  and  nation.  This  would  help  greatly  in 
making  it  possible  for  the  recently  arrived  immigrants  to  place 
themselves  advantageously,  which  they  are  partially  unable  to 
do  at  the  present  time. 

The  Commission  would  respectfully  urge  the  consideration  of 
the  problem  of  social  insurance.  Periods  of  unemployment,  old 
age,  and  disability  are  an  inevitable  part  of  thb  industrial 
problem.  Before  order  can  be  established  in  the  industrial  house 
of  State  and  nation  these  problems  must  be  solved. 


n.   RECODIFICATION  OF  THE  LABOR  LAW 

The  Commission  in  its  second  report  to  the  Legislature  called 
attention  to  the  necessity  for  a  complete  recodification  of  the 
Labor  Law.    In  that  report  the  Commission  said,  at  page  292 : 

"  The  greater  part  of  the  legislation  recommended  bv  the 
Commission  must  take  the  form  of  amendments  to  the  Labor 
Law.  That  statute,  since  its  enactment  in  1897,  has  been 
subjected  to  numerous  amendments  and  has  grown  to  be 
unwieldy  and  complicated.  It  is  in  need  of  revision  that 
will  simplify  its  form  and  arrangement  and  clarify  its  mean- 
ing. The  Commission  recommends  that  the  Labor  Law  be 
properly  recodified." 

When  the  Commission  was  continued  in  1913,  it  was  authorized 
to  prepare  a  recodification  of  the  Labor  Law.  The  Commission 
spent  considerable  time  upon  this  work  last  year,  issued  a  bill  in 
tentative  form,  and  then  a  bill  on  the  subject  was  introduced  in  the 
Legislature.  At  the  request  of  representatives  of  different  parties 
in  interest,  the  Commission  did  not  press  the  bill  for  passage, 
because  as  the  Commission  was  to  be  continued  to  complete  its 
study  of  wages,  it  felt  that  it  would  be  advisable  to  have  action  on 
the  recodification  deferred  for  another  year,  so  that  all  interested 
in  the  subject  would  have  ample  opportunity  to  present  their  views 
and  be  heard  by  the  Commission  if  desired. 

After  the  last  Legislature  adjourned,  the  Commission  issued  the 
recodification  in  tentative  form.  Several  thousand  copies  were 
sent  to  employers,  manufacturers,  representatives  of  labor  organi- 
zations, civic  organizations,  and  others  interested,  all  over  the 
State.  Suggestions  and  criticisms  were  invited.  The  Commission 
held  a  series  of  hearings  on  the  subject,  at  which  the  tentative  bill 
was  discussed  at  length  in  Buffalo,  Rochester,  Syracuse,  Utica, 
Albany  and  New  York  City.  Briefs  and  memoranda  were  re- 
ceived from  many  sources.    After  these  public  hearings,  the  Com- 

[51] 


52  Repokt  of  Commission 

mission  appointed  two  advisory  committees  to  consider  the  recodi- 
fication of  the  Labor  Law  —  one  for  New  York  City  and  one  for 
up-state.  We  have  already  set  forth  the  personnel  of  these 
committees. 

After  the  public  hearings  and  after  the  briefs  and  memoranda 
submitted,  were  considered  by  the  Commission,  a  revised  recodifi- 
cation of  the  Labor  Law  was  issued,  in  which  many  of  the  sugges- 
tions that  had  been  made  for  changes  were  incorporated.  This 
revised  recodification  was  sent  to  all  those  interested  and  contained 
a  detailed  statement  of  just  what  changes  had  been  made  in  the 
former  draft. 

Several  meetings  of  the  advisory  committees  were  held  in  Xew 
York  City,  at  which  the  revised  recodification  was  taken  up  section 
by  section  and  discussed  fully.  Communications  in  writing  were 
received  from  those  members  of  the  committees  who  were  imable 
to  attend.  The  widest  publicity  was  given  to  this  matter  and  the 
bill  recodifying  the  Labor  Law  that  is  presented  with  this  report 
has  been  prepared  after  careful  consideration  of  suggestions  and 
criticisms  received  from  all  concerned. 

Change  in  Abrangement  of  the  Labok  Law 

The  bill  recodifying  the  Labor  Law,  except  as  hereinafter  in- 
dicated, is  confined  in  the  main  to  changes  in  form  and  arrange- 
ment, rather  than  to  changes  in  the  substance  of  the  law.  The 
Labor  Law  has  been  rearranged  substantially  along  the  lines  in- 
dicated in  our  last  report. 

Pbesext  Akeangemext  of  the  Laboe  Law 
The  present  Labor  Law  contains  the  following  articles : 

Article  I.  Short  title ;  definitions. 

IL  General  provisions. 
ILE.  Department  of  Labor. 
Ilia.  Industrial  board. 
IV.  Bureau  of  Inspection. 

V.  Bureau  of  Statistics  and  Information. 
VI.  Factories. 
VII.  Tenement-made  articlee. 


KePOKT   of    CoMJIISSTOJf  53' 

Article  VIII.  Bakeries  and  confectioneries. 
IX.  Mines,  tunnels  and  quarries. 

X.  Bureau  of  Mediation  and  Arbitration. 
XI.  Bureau  of  Industries  and  Immigration. 
XII.  Mercantile  establishments. 

XIII.  Convict-made  goods  and  duties  of  the  Commissioner 

of  Labor  relative  thereto. 

XIV.  Employers'  liabilitj. 

XlVa.  Workmen's    compensation    in    dangerous    employ- 
ments. 
XV.  Employment  of  children  in  street  trades. 
(XVI.  Laws  repealed.) 

Present  Plax  of  Arkangement 

The  idea  of  classification  which  evidently  underlies  the  present 
arrangement  of  the  Labor  Law  is  that  all  provisions  affecting  a 
particular  industry  should  be  gathered  into  a  separate  article  de- 
voted to  that  industry.  For  example,  in  the  article  entitled 
"  Factories,"  appear  most  of  the  provisions  applicable  to  factories. 

That  it  is  practically  impossible  without  wholly  unnecessary 
repetition  to  accomplish  the  purpose  of  such  a  classification  is 
evidenced  by  the  fact  that  in  the  article  entitled  "  General  Pro- 
visions "  there  are  a  number  of  provisions  which  apply  to  factories, 
as  well  as  to  other  establishments,  and  in  the  article  entitled 
"  Factories  "  there  are  some  provisions  which  apply  to  other  in- 
dustrial establishments,  as  well  as  to  factories. 

The  only  justification  for  such  a  classification  is  the  practical 
advantage  of  having  grouped  together  all  of  the  provisions  of  the 
law  applicable  to  a  particular  industry.  As  a  matter  of  fact,  the 
present  Labor  Law  does  not  present  this  desirable  grouping  of  its 
provisions,  and,  as  has  been  said,  it  is  quite  impossible  to  accom- 
plish it  without  a  very  great  deal  of  useless  repetition  of  provisions 
applicable  to  several  industries  in  the  article  devoted  to  each  of 
those  industries. 

All  the  advantages  of  such  a  classification  can  be  accomplished  in 
the  reprints  of  the  law  prepared  by  the  Commissioner  for  the  use 
of  employers  and  the  public.    The  Commissioner  can  readily  collect 


54  Repokt  of  Commission 

all  the  provisions  of  the  Labor  Law  applicable  to  factories,  no 
matter  what  article  may  contain  them,  and  no  matter  to  what  other 
industries  they  may  be  applicable,  and  group  them  in  a  single 
pamphlet  for  the  use  of  persons  interested  in  legislation  affecting 
factories. 

Peoposed  Classification 

We  have,  therefore,  departed  from  the  idea  of  classification 
underlying  the  present  arrangement  of  the  law.  Briefly,  we  have 
adopted  the  following  arrangement : 

Group  under  headings,  indicating  the  subject  matter,  all  pro- 
visions dealing  with  the  relations  between  the  employer  and  the 
employee,  as,  for  example,  such  matters  as  hours,  wages,  prohib- 
ited employments,  etc. ;  and  under  headings,  indicating  the  indus- 
tries to  which  they  apply,  all  provisions  relating  to  the  physical 
conditions  under  which  the  work  is  done,  as,  for  example,  con- 
struction, equipment  and  method  of  operation  of  places  of  em- 
ployment. Following  this  plan  of  grouping  the  provisions  of  the 
law,  we  have  used  the  following  arrangement : 

Article     1.  Short  title;  definitions. 

2.  The  department  of  labor. 

3.  General  provisions. 

4.  Employment  of  children  and  females. 

5.  Hours  of  labor. 

6.  Payment  of  wages. 

7.  Public  work. 

8.  Immigration  lodging-houses. 

9.  Building  construction  and  repair  work. 

10.  Factories. 

11.  Bakeries  and  manufacture  of  food  products. 

12.  Tenement-made  articles. 

13.  Mercantile  establishments. 

14.  Mines,  tunnels  and  quarries;  employment  in  com- 

pressed air. 

15.  Violations  and  penalties. 

16.  Laws  repealed. 


Keport  of  Commission  55 

New  Article,  "  The  Department  of  Labor  " 
Particular  attention  is  called  to  the  new  article  2,  "  The  De- 
partment of  Labor."  In  this  we  have  attempted  to  cover  the 
whole  field  of  organization  and  powers  and  duties  of  the  Depart- 
ment, and  to  include,  as  far  as  possible,  all  the  provisions  relating 
to  administration  and  enforcement. 

The  provisions  in  the  existing  Labor  Law  relating  to  right  of 
entry,  inspection,  notices  and  orders  to  comply  with  the  provisions 
of  the  law,  have  been  covered  by  general  sections  in  this  new 
article. 

Repeal  of  Present  Articles  or  the  Labor  Law 

We  have  omitted  from  the  proposed  revision  all  of  the  pro- 
visions contained  in  Article  XIII,  relating  to  convict-made  goods ; 
Article  XIV,  relating  to  employers'  liability ;  Article  XlV-a,  re- 
lating to  workmen's  compensation;  and  Article  XV,  relating  to 
children  in  the  street  trades. 

Article  XlV-a,  dealing  with  workmen's  compensation,  and  de- 
clared unconstitutional  in  the  Ives  case,  was  repealed  at  the 
recent  special  session  of  the  Legislature. 

We  also  recommend  the  repeal  of  Article  XIII,  dealing  with 
convict-made  goods,  because  it  has  been  held  to  be  unconstitutional, 
and  is  now  ineffective.  (People  v.  Hawkins,  15 Y  N.  Y.  1,  1898; 
People  V.  Paynes,  136  App.  Div.  417,  1910,  affirmed  198  I^.  Y. 
539,  622,  1910.) 

This  article  prohibits  the  sale  of  convict-made  goods  without 
a  license  and  provides  for  the  issue  and  revocation  of  licenses. 
It  also  requires  convict-made  goods  to  be  labeled  and  marked  as 
such  and  prohibits  the  sale  thereof  without  such  label  and  mark. 
Section  620  of  the  Penal  Law  punishes  as  a  misdemeanor  acts 
which  constitute  violations  of  the  provisions  of  this  article. 

While  we  approve  of  omitting  this  provision,  in  the  recodifica- 
tion of  the  Labor  Law,  because  the  decision  of  the  Court  of  Ap- 
peals makes  it  a  nullity,  yet  we  are  in  favor  of  proper  legislation 
which  will  carry  into  effect  the  same  principles.  If  necessary, 
the  matter  should  be  submitted  to  the  Constitutional  Convention, 
which  is  soon  to  be  held,  so  that  constitutional  authority  may  be 
had  for  legislation  upon  the  subject.     If  it  is  necessary  to  have 


5B  Report  of  Commission 

such  legislation  authorized  by  federal  statute  then  we  approve 
of  tlie  enactment  of  a  federal  statute  embodying  legislation  em- 
bracing this  principle. 

Tkaxsfer  of  Certain  Provisions  of  the  Labor  Law  to  Other 

Laws 
We  recommend  the  transfer  to  other  chapters  of  the  Consoli- 
dated Laws  of : 

1.  Article  XIV,  dealing  with  employers'  liability  and  voluntary 
workmen's  compensation.  The  recently  enacted  Workmen's  Com- 
pensation Act  was  made  chapter  67  of  the  Consolidated  Laws. 
We  recommend  that  the  provisions  of  this  article  be  transferred  to 
a  new  chapter  of  the  Consolidated  Laws  to  be  known  as  chapter 
68,  so  that  the  whole  of  the  Statutory  Law  dealing  with  em- 
ployers' liability  for  injuries  to  his  employees  will  be  together 
for  convenient  reference. 

2.  Article  XV,  dealing  with  children  in  the  street  trades.  The 
provisions  of  this  article  are  now  enforced  by  the  police  and 
attendance  officers.  We  suggest  that  its  provisions  be  transferred 
to  the  Education  Law. 

3.  Section  156,  subdivision  two,  providing  that  the  Commis- 
sioner of  Labor  shall  procure  with  the  consent  of  the  federal 
authorities  complete  lists  giving  the  names,  age,  etc.,  of  all  alien 
children  of  school  age  and  deliver  copies  of  such  list  to  the  Boards- 
of  Education  and  school  boards  in  the  State  to  aid  in  the  enforce- 
ment of  the  Compulsory  Education  Law.  We  recommend  that 
this  section  be  transferred  to  the  Education  Law  and  that  the 
State  Commissioner  of  Education  be  authorized  to  procure  such 
lists,  for  that  is  a  function  which  properly  belongs  to  the  Edu- 
cation Department  of  the  State. 

4.  Section  9  of  the  Labor  Law,  providing  priority  pa\Tnent  of 
wages  of  employees  by  a  corporation  and  partnership.    We  recom- 
mend that  the  provisions  of  this  section  be  transferred  to  the  Gen- 
eral Corporation  Law  and  Partnership  Law  respectively. 

The  fact  that  the  Department  of  Labor  does  not  have  any 
power  or  duty  to  enforce  the  provisions  of  the  foregoing  articles 
and  sections  constitutes  an  added  reason  for  their  omission  from 
the  revised  Labor  Law. 


Report  of  Commissio:!^  57 

.GOWSOUBATION   OF  PkO VISIONS   ReIxATING   TO  EMPLOYMENT 

Ceetificates 

We  have  consolidated  the  lengthy  provisions  of  the  present 
law  relating  to  the  issuance  of  employment  certificates  (section 
71  to  76,  and  sections  163  to  167  of  the  present  law),  and  put 
them  in  the  new  Article  4  "  Employment  of  Children  and 
Females." 

The  two  series  of  provisions  are  practically  identical,  and  by 
consolidating  them  the  unnecessary  repetition  of  more  than  2^000 
words  is  avoided. 

Change  in  the  Definition  of  Factory 
The  present  Labor  Law  defines  a  factory  as  follows : 

"  Sec.  2,  Subdivision  1.  The  term  '  factory'  includes  any 
mill,  workshop  or  other  manufacturing  or  business  establish- 
ment, and  all  buildings,  sheds,  structures  or  other  places  used 
for  or  in  connection  therewith,  where  one  or  more  persons 
are  employed  at  labor." 

This  definition  was  not  recommended  by  the  Factory  Commis- 
sion. It  has  been  in  the  law  since  1886.  Pursuant  to  a  wide- 
spread demand  for  a  change  in  this  definition  to  meet  present 
conditions,  this  Commission,  after  consideration,  has  recommended 
in  the  recodification  of  the  Labor  Law  the  following  amendment:* 

"  The  term  '  factory  ,'  [when  used  in  this  chapter,  shall  be 
construed  to]  includes  any  mill,  workshop,  or  other  manufac- 
turing [or  business]  establishment  and  all  buildings,  sheds, 
structures  or  other  places  used  for  or  in  connection  therewith, 
where  one  or  more  persons  are  employed  at  [laboi;],  manu- 
facturing including  making,  altering,  repairing,  finishing, 
bottling,  canning,  cleaning  or  laundering  any  article  or  thing, 
in  whole  or  in  part,  except  power  houses,  generating  plants, 
barns,  storage  houses,  sheds  and  other  structures  owned  or 
operated  by  a  public  service  corporation,  other  than  construc- 
tion or  repair  shops,  subject  to  the  jurisdiction  of  the  public 
service  commission  under  the  public  service  commissions 
law. 


Matter  in  italics  is  new;  matter  in  brackets  [  ]  is  old  law  to  be  omitted. 


58  Eeport  of  Commission 

The  provisions  of  this  chapter  affecting  structural  changes 
and  alterations,  and  the  installation  of  fixtures  and  apparatus 
other  than  for  the  safeguarditig  of  machinery  shall  not  apply 
to  factories  or  to  any  huildings,  sheds,  structures  or  other 
places  used  for  or  in  connection  therewith  where  less  than 
five  persons  are  employed  at  manufacturing  except  as  pre- 
scribed by  the  industrial  board  in  its  rules." 

We  believe  that  this  change  will  result  in  the  removal  of  many 
objections  to  the  law,  the  structural  provisions  of  which  were,  as  a 
matter  of  fact  not  intended  to  apply  to  small  establishmenls  where 
only  a  few  persons  were  employed. 

Change  in  the  Definition  of  Factory  Building 

The  Commission  recommends  the  following  change  in  the 
definition  of  factory  buildings: 

"  The  term  '  factory  building ',  [when  used  in  this  cljap- 
ter]  means  any  building,  shed  or  structure  which,  or  any 
part  of  which,  is  occupied  by  or  used  for  a  factory,  and  in 
which  at  least  one-tenth  of  all  the  persons  employed  in  the 
building  are  engaged  in  work  for  a  factory,  but  shall  not 
include  a  building  used  excVasively  for  dwelling  purposes 
above  the  first  story.  The  provisions  of  this  chapter  shall 
so  far  as  prescribed  by  the  industrial  board  in  its  rules,  also 
apply  to  any  building,  not  a  factory  building  within  the 
meaning  hereof,  any  part  of  which  is  occupied  by  or  used 
for  a  factory." 

This  will  remove  the  objection  that  a  building  in  which  only 
a  few  persons  are  employed  at  manufacturing  would  come  under 
the  provisions  of  the  Labor  Law  relating  to  structural  require- 
ments. 

Change  in  the  Definition  of  Mercantile  Establishment 

This  definition  has  been  in  the  law  since  1896.  We  recommend 
a  change  along  the  lines  indicated  in  the  change  of  the  definition 
of  a  factory,  as  follows : 


Repokt.  of  Commission  59 

"  The  term  '  mercantile  establishment '  [when  used  in  this 
chapter]  means  any  place  where  goods,  wares  or  merchandise 
are  offered  for  sale.  The  provisions  of  this  chapter  affecting 
structural  changes  and  alterations,  and  the  installation  of 
fixtures  and  apparatus  shall  not  apply  to  mercantile  establish- 
ments where  less  than  five  persons  are  employed  except  as 
prescribed  by  the  industrial  board  in  its  rules." 

Definition  of  Mercantile  Building 
We   recommend    that   the   following   definition  of   mercantile 
building  be  added  to  the  Labor  Law : 

"  The  term  '  mercantile  building '  means  any  building, 
shed  or  structure,  (other  than  a  factory  building)  which  or 
any  part  of  which  is  occupied  by  or  used  for  a  mercantile 
establishment  and  in  which  at  least  twenty  per  cent  of  all  the 
persons  employed  in  the  building  are  engaged  in  work  for  a 
mercantile  establishment,  but  shall  not  include  a  building 
used  exclusively  for  dwelling  purposes  above  the  first  story." 

This  definition  will  eliminate  from  the  requirements  of  the 
Labor  Law,  buildings  which  are  used  in  the  main  as  office  build- 
ings, to  which  the  provisions  of  the  Labor  Law,  particularly  those 
relating  to  the  structural  changes,  were  not  intended  to.  apply. 

In  all  of  these  cases  power  has  been  reserved  for  the  industrial 
board  to  apply  such  provisions  of  the  law  as  they  might  find  neces- 
sary to  secure  safety  of  employees,  to  any  place  where  one  or  more 
persons  are  employed  at  labor. 

Labor  Law  Made  More  Flexible 

The  most  important  change  in  the  Labor  Law  made  in  the  re- 
codification, is  that  the  law  is  made  more  flexible.  The  creation 
of  an  industrial  board,  which  was  viewed  with  considerable  doubt, 
especially  by  the  manufacturers,  has  succeeded  well  in  practice.  It 
is  the  view  of  those  directly  concerned  with  the  operation  of  the 
Labor  Law,  that  the  powers  of  the  Board  should  be  increased  — 
that  it  should  have  power  not  only  to  add  to  the  minimum  require- 
ments of  the  law,  but  in  proper  cases,  where  there  are  difficulties 
in  complying  with  the  strict  letter  of  the  law,  or  unnecessary  hard- 


(00  Eeport  of  Commission 

ship  in  60  doing,  the  board  should  have  power  upon  petition  to 
grant  a  modification  which  will  secure  safety  of  employees  and  the 
public,  and  at  the  same  time  do  substantial  justice  to  all  con- 
cerned. 

Power  of  Industrial  Board  to  Grant  Modifications 
After  careful  consideration  the  Commission  recommends  the 

enactment  of  the  following  section  of  the  Labor  Law  to  meet  these 

views : 

"  §  30.  Variations.  If  there  shall  be  practical  difficulties 
or  unnecessary  hardship  in  carrying  out  any  provision  of 
this  chapter,  or  rule  adopted  by  the  industrial  board  there^ 
under,  affecting  the  construction  or  alteration  of  buildings, 
the  installation  of  fixtures  and  apparatus,  or  the  safeguarding 
of  machinery  and  prevention  of  accidents,  the  industrial 
board  shall  have  power  to  make  a  variation  from  such  re- 
quirements if  the  spirit  of  the  provision  or  rule  shall  be 
observed  and  public  safety  secured.  Any  person  affected  by 
such  provision  or  rule,  or  his  agent,  may  petition  the  board 
for  such  variation  stating  the  grounds  therefor.  The  board 
shall  fix  a  day  within  a  reasonable  time  for  a  hearing  on 
such  petition  and  give  notice  thereof  to  the  petitioner  who 
may  appear  in  person  or  by  agent  or  attorney.  If  the  board 
shall  permit  such  variation  it  shall  be  in  the  form  of  a  reso- 
lution and  such  variation  shall  apply  to  all  buildings,  in- 
stallations or  conditions  where  the  facts  are  substantially 
the  same  as  those  stated  in  the  petition.  Such  resolution 
shall  contain  a  description  of  the  conditions  under  which  such 
variation  shall  be  permitted  and  shall  be  published  in  the 
manner  provided  for  rules  of  the  board.  A  record  of  all 
such  variations  shall  be  kept  in  the  office  of  the  industrial 
board  and  shall  be  properly  indexed  under  section  numbers 
of  the  law  or  industrial  code  to  which  each  variation  applies, 
and  shall  be  open  to  public  inspection  during  business  hours." 

Some  question  arose  as  to  whether,  the  variation  should  be 
limited  to  the  particular  case  for  which  it  was  requested,  or  ex- 
tended to  cover  buildings,  situations  or  conditions  where  the  facts 


Report  of  Commissiojt  •  61 

were  substantial! j  the  same  as  those  stated  in  the  petition  pre- 
sented to  the  board  for  a  variation.  The  Commission  was  of  the 
opinion  that  it  would  be  advisable  to  have  the  modifications,  so 
far  as  practicable,  general  in  their  application  as  are  the  rules 
of  the  industrial  board. 

We  believe  that  the  foregoing  statute  does  not  involve  a  dele- 
gation of  legislative  powers,  and  this  view  is  sustained  by  the 
opinion  of  the  United  States  Supreme  Court  in  a  recent  case. 
(Inter-Mountain  Rate  Cases,  234  U.  S.,  58  Law  Ed.,  page  1408.) 

Power  of  Industrial  Board  to  Specift  ]\Iaterials  and 
Forms  of  Construction  Other  Than  Those  Mentionei)  in 
the  Law 

In  line  with  the  determination  to  make  the  law  flexible  in  its 
application,  and  to  meet  new  conditions  as  they  might  arise,  the 
Commission  recommends  that  the  industrial  board  be  given  power 
to  specify  materials  and  forms  of  construction  that  are  equivalent 
to  those  prescribed  in  the  law.  We  recommend  that  a  new  section 
be  added  to  the  law  as  follows : 

"  §  239.  Industrial  board  to  specify  materials  and  forms 
of  construction.  Whenever  in  this  title  specific  materials  or 
forms  of  construction  are  required,  others  equivalent  thereto 
may  be  accepted  by  the  industrial  board  if  they  shall  have 
passed  the  standard  tests  prescribed  by  the  board." 

Smoking  in  Factories 

The  power  of  the  industrial  board  was  extended  also  to  meet 
the  problem  of  smoking  in  factories.  The  old  law  contained  a 
general  prohibition  of  smoking  in  factories.  We  recommend  the 
amendment  of  that  section  of  the  Labor  Law  to  read  as  follows: 

"  §  263.  I^o  person  shall  smoke  in  any  factory,  but  the 
industrial  board  in  its  rules  may  permit  smoking  in  pro- 
tected portions  of- a  factory  or  in  special  classes  of  occupan- 
cies, where  in  its  opinion  the  safety  of  the  employees  would 
not  be  endangered  thereby." 


62  '  Report  of  Commission 

Summary  Powers  of  Commissioner  of  Labor  Increased 

We  recommend  an  increase  in  the  summary  powers  of  the 
Commissioner  to  enforce  the  provisions  of  the  Labor  Law  where 
matters  involving  the  safety  to  lives  of  employees  and  occupants 
of  buildings  are  involved,  and  that  the  following  section  be  added 
to  the  Labor  Law : 

"  §  406.  Summary  action  to  prevent  violations.  1.  The 
commissioner  may  require  any  building,  structure,  enclosure 
or  place  of  employment  to  be  vacated  if  in  his  opinion  it  is, 
because  of  a  violation  of  any  provision  of  this  chapter  or  of 
any  rules  made  thereunder,  so  unsafe  or  unsanitary  as  to  en- 
danger life  or  health. 

2.  In  case  any  lawful  order  issued  by  the  commissioner 
is  not  complied  with,  or  the  commissioner  certifies  in  writing 
that  an  emergency  exists  requiring  such  action,  he  may  issue 
an  order  as  provided  in  subdivision  one  of  this  section.  Such 
order  shall  be  addressed  and  served  as  provided  in  section 
forty-six.  Whenever  any  order  to  vacate  served  as  aforesaid 
shall  not  have  been  complied  with,  within  the  time  designated 
therein,  the  commissioner  may  apply  to  any  judge  of  the 
supreme  court,  who,  upon  such  notice  as  he  may  fix,  may 
grant  an  order  directing  the  commissioner  to  vacate  such 
building  or  premises,  or  so  much  thereof  as  said  commissioner 
may  deem  necessary,  and  prohibiting  and  enjoining  all  per- 
sons from  using  or  occupying  the  same  for  any  purpose 
until  such  measures  are  taken  as  may  be  required  by  such 
order." 

Penalty  Provisions 

A  revised  form  of  section  1275  of  the  Penal  Law  under  which 
practically  all  prosecutions  are  now  brought,  has  been  substituted 
for  the  many  criminal  penalties  which  are  now  scattered  through 
the  Labor  Law  and  the  Penal  Law.  So  also  a  section  containing 
general  provisions  as  to  civil  penalties  ha^  been  substituted  for 
the  several  civil  penalty  provisions  that  are  now  found  in  different 
parts  of  the  Labor  Law.     (See  §  405  of  revised  recodification.) 


Repokt  of  Commission  63 

Fire  Hazard  in  Mercantile  Establishments 
The  Commission  did  not  deem  it  advisable  at  this  time  to  recom- 
mend specific  requirements  in  the  law  for  the  construction  and 
alteration  of  mercantile  establishments  and  mercantile  buildings, 
or  for  fire  escapes  and  exit  facilities  therein.  We  believe  that  that 
is  a  matter  that  should  be  left  with  the  industrial  board  and  that 
the  board  should  have  power  to  adopt  rules  on  the  subject  to  meet 
the  different  conditions  which  are  presented.  We  therefore  recom- 
mend the  enactment  of  the  following  section  of  the  Labor  Law  to 
deal  with  this  subject: 

"  §  350.  Fire  hazard.  Every  mercantile  establishment  and 
mercantile  building  shall  be  provided  with  adequate  exit 
facilities  and  shall  be  so  constructed,  equipped,  arranged  and 
maintained  as  to  afford  safety  to  employees  and  patrons  in 
case  of  fire.  The  industrial  board  shall  in  its  rules  prescribe 
detailed  requirements  for  protection  from  the  fire  hazard  in 
existing  mercantile  establishments  and  mercantile  buildings 
and  in  those  to  be  erected  in  the  future." 

We  also  recommend  the  enactment  of  a  law  prohibiting  smok- 
ing in  mercantile  establishments  along  the  lines  hereinbefore  in- 
dicated for  factories. 

Other  Changes  in  the  Labor  Law 

We  have  enumerated  above  the  principal  changes  that  have  been 
made  in  the  law.  We  have  not  set  forth  the  detailed  changes  that 
have  been  made.  They  are  clearly  indicated  in  the  bill  which  is 
presented  herewith  in  Appendix  I. 

Summary 

The  bill  recodifying  the  Labor  Law  rearranges  the  sections  of 
the  old  law  in  logical  order,  removes  ambiguities  and  contradic- 
tions that  have  crept  in  because  of  repeated  amendments  to  the 
law,  and  makes  the  law  understandable  to  the  employers  and 
employees  who  are  affected  by  its  provisions. 

The  change  in  the  definition  of  a  factory,  factory  building  and 


64:  Repoet  of  CoMinssiON 

mercantile  establishment,  and  the  power  given  to  the  industrial 
board  to  vary  or  modify  specific  requirements  of  the  law  so  as  to 
secure  the  safety  of  those  aifected  and  at  the  same  time  not  work 
unnecessary  hardship,  will,  we  believe,  result  in  making  the  law 
fair  and  reasonable  in  its  application  and  at  the  same  time 
effectively  secure  its  purpose,  which  is  the  protection  of  the  lives, 
health  and  safety  of  th©  workers  in  industrial  establishments  of 
the  State. 


m.    CONSOLIDATION  OF  DEPARTMENTS^  HAVING  JURIS- 
DICTION OVER  BUILDINGS  IN  NEW  YORK  CITY 

Immediately  after  the  Commission  was  created  in  1911,  we 
issued  a  list  of  questions  concerning  the  methods  for  improving 
conditions  under  which  manufacturing  was  carried  on  in  cities  of 
the  first  and  s^ond  class  of  the  State.  The  questionaire,  con- 
taining about  one  hundred  questions  and  the  replies  that  were 
received  thereto,  are  set  forth  in  detail  in  the  first  volume  of  the 
Commission's  preliminary  report  to  the  Legislature,  pages  586 
et  seq.  Among  the  questions  therein  presented  for  consideration, 
were  the  following: 

Should  there  be  a  Department  of  Labor  for  the  city  of 
New  York  and  one  for  the  rest  of  the  State  ? 

Should  there  be  one  or  three  commissioners  at  the  head  of 
each  of  those  departments  ? 

Should  there  be  a  bureau  of  inspection  established  whose 
function  it  shall  be  to  inspect  factories  and  manufacturing 
OiStablishments  and  report  existing  conditions  to  the  different 
departments  charged  with  the  duty  of  enforcing  the  pro- 
visions of  the  law  on  the  subject;  the  Bureau  of  Inspection 
to  report  the  facts  to  the  responsible  department,  the  latter 
to  secure  compliance  with  the  provisions  of  the  law  appli- 
cable to  the  condition  reported  ? 

Should  there  be  a  new  department  established  for  the  city 
of  New  York  to  have  exclusive  jurisdiction  over  all  factories 
and  manufacturing  establishments  other  than  those  carried 
on  in  tenement  houses  (the  new  department  to  possess  all  the 
powers  which  are  now  held  by  the  State  Labor  Department 
in  the  city  of  New  York,  the  Building,  Fire  and  Health 
Departments  of  the  city  with  reference  to  factories  and 
manufacturing  establishments)  ? 

What  bureaus  should  be  established  in  such  new  depart- 
ments ? 

[65] 

Vol.  1  —  3 


66  Report  of  Commission 

What  suggestions  have  you  tending  to  lessen  or  do  away 
with  duplication  of  inspections  in  the  city  of  New  York  by 
various  city  and  State  departments? 

What  other  suggestions  have  you  which  would  tend  to 
centralize  the  authority  and  responsibility  for  the  enforce^ 
ment  of  the  laws  relating  to  factories  and  manufacturing 
establishments  in  the  city  of  New  York  ? 

In  response  to  this  questionaire  we  received  various  written 
statements  and  we  also  held  a  number  of  public  hearings  at  which 
the  subject  was  discussed.  Practically  all  those  who  appeared 
before  the  Commission  in  person,  or  who  submitted  written  state- 
ments were  opposed  to  the  establishment  of  a  bureau  of  inspection 
or  the  establishment  of  a  new  department  for  the  city  of  New 
York  as  suggested  by  the  foregoing  questions.  It  was  the  con- 
census of  opinion  that  it  was  unnecessary  to  consolidate  depart- 
ments and  that  there  was  practically  no  duplication  of  inspection. 
The  Commission  accordingly  made  no  recommendation  on  the 
subject. 

When  the  Commission  was  continued  in  1914,  complaints  were 
received,  in  the  main  from  owners  of  buildings,  that  there  was 
over-inspection  of  buildings  in  New  York  City  by  different  city 
and  State  departments,  and  that  there  was  frequent  duplication 
of  work  and  at  times  a  conflict  in  the  orders  issued  by  the  various 
departments. 

The  Commission  investigated  these  complaints  and  heard 
witnesses  on  the  subject.  No  real  cases  of  conflicting  orders  were 
brought  to  our  attention,  although  owners  of  buildings  and  any 
others  that  might  be  interested  were  frequently  invited  to  present 
such  cases  to  the  Commission.  We  did  find,  however,  that  a 
number  of  city  and  State  departments  inspected  the  same  build- 
ing for  different  purposes  under  different  laws,  and  it  became 
apparent  that  in  the  interests  of  efficiency  and  economy  in  the 
administration  of  the  law,  the  functions  of  some  of  these  depart- 
ments might  well  be  consolidated.  The  following  city  and  state 
departments  now  exercise  jurisdiction  over  buildings  in  New 
York  City,  make  inspections  and  issue  orders: 


Keport  of  Commission  6Y 

State  Department 
Department  of  Labor. 

City  Departments 
Tenement  House  Department. 

Bureau  of  Fire  Prevention  of  the  Fire  Department. 
Division  of  Boiler  Inspection  of  the  Police  Department. 
Health  Department. 

Department  of  Water  Supply,  Gas  and  Electricity. 
Commissioner  of  Licenses. 

Borough  Departments 
Bureau  of  Buildings. 
Department  of  Highways. 

Issuance  of  Tentative  Plan  and  Bill, 
The  Commission  held  a  public  hearing  on  the  subject  at  which 
all  those  that  appeared  urged  that  the  functions  of  existing  city 
and  State  departments  having  jurisdiction  over  buildings  in  New 
York  City,  particularly  in  so  far  as  they  related  to  new  construc- 
tion and  structural  changes  in  existing  buildings,  be  centralized 
in  one  department  of  buildings.  The  Commission  accordingly 
prepared  a  tentative  plan  and  bill  on  the  subject,  copies  of  which 
are  set  forth  in  Appendix  III  of  this  report.  The  tentative  bill 
may  be  briefly  summarized  as  follows: 

"  Create  a  new  department  for  the  city  of  New  York  to 
be  known  as  the  department  of  buildings,  the  head  of  which 
shall  be  the  commissioner  of  buildings  who  shall  be  appointed 
by  the  mayor.  The  jurisdiction  of  this  department  shall 
extend  over  the  entire  city. 

"  The  department  of  buildings  shall  have  sole  ana  ex- 
clusive jurisdiction  over  the  construction  and  alteration  of 
all  buildings  and  any  structural  changes  therein  (including 
factories  and  mercantile  establishments).  There  shall  also 
be  concentrated  in  this  new  department,  so  far  as  practicable, 
jurisdiction  over  matters  relating  to  the  proper  maintenance 
of  these  buildings. 


68  Report  of  Commission 

"  This  will  involve  the  consolidation  of  the  following  de- 
partments and  bureaus  and  the  transfer  of  their  entire  j  uris- 
diction  to  the  new  department  of  buildings. 

"  1.  The  bureau  of  buildings  of  each  borough. 

"  2.  Bureau  of  fire  prevention  of  the  fire  department. 

"  3.  Division  of  boiler  inspection  of  the  police  department. 

"  There  shall  also  be  transferred  to  this  new  department 
of  buildings  the  jurisdiction  now  exercised  by  diiferent  city 
and  state  departments  as  follows: 

"  4.  State  department  of  labor  —  in  to  far  as  it  relates  to 
the  construction  and  alteration  of  factory  buildings  and  mer- 
cantile establishments  and  any  structural  changes  therein. 

"  5.  Health  department  of  New  York  City  —  in  so  far  as 
it  relates  to  structural  changes  in  bakeries  and  food  product 
manufactories. 

"  6.  Tenement  house  department  —  in  so  far  as  it  relates 
to  construction  of  new  buildings. 

"  7.  Department  of  water  supply,  gas  and  electricity  —  in 
so  far  as  it  relates  to  the  inspection  of  electrical  wiring  and 
equipment  in  buildings." 

The  advisability  of  transferring  some  of  the  jurisdiction  over 
buildings,  exercised  by  the  Commissioner  of  Licenses  and  the 
jurisdiction  exercised  by  the  borough  president  for  the  granting 
of  vault  permits,  was  left  for  further  consideration. 

The  bill  provided  further,  for  the  creation  of  a  Board  of 
Building  Standards  and  Appeals,  which  was  to  make  rules  and 
regulations  for  carrying  into  effect  the  provisions  of  law  as  to 
which  the  Building  Department  was  given  jurisdiction,  and  to 
hear  appeals  from  orders  issued  by  the  Commissioner  of  Build- 
ings. 

The  Commission  also  suggested  the  advisability  of  deferring 
the  transfer  of  the  jurisdiction  of  some  departments,  e.  g.,  the 
Bureau  of  Fire  Prevention,  until  a  later  date,  when  the  new  de- 
partment would  be  completely  organized  and  ready  to  take  over 
the  work. 

Numerous  conferences  and  public  meetings  were  held  by  real 
estate  and  civic  organizations  to  discuss  plans  for  the  consolida- 


Report  of  Commission  69 

tion  of  the  inspection  departments  of  the  city  and  the  State  Labor 
Department.  A  committee  of  citizens  was  appointed  by  the 
mayor  of  New  York  City  to  consider  the  various  suggestions 
made,  and  this  committee,  after  several  public  hearings,  presented 
to  the  Commission  its  conclusions  as  follows: 

"  It  is  proposed  to  recommend  a  simple  enabling  act  either 
in  the  form  of  an  amendment  to  the  charter  or  a  new  statute, 
empowering  the  board  of  estimate  and  apportionment  to 
combine  before  January  1,  1916  the  various  bureaus  of 
various  city  departments  that  have  to  do  with  inspection  of 
buildings,  to  regroup  them  in  departments  different  from 
ones  they  are  now  in,  to  abolish  some  if  necessary,  to  give 
to  the  newly  combined  or  newly  established  bureaus  the  same 
powers  and  responsibilities  that  now  attach  to  existing 
bureaus.  In  a  word,  to  regroup  and  readjust  all  existing 
functions  of  the  city  or  borough  departments  with  regard  to 
building  inspection,  for  the  purpose  of  simplifying  building 
inspection. 

The  basic  idea  underlying  this  suggestion  is  that  the 
problem  is  an  administrative  one,  not  a  legislative  one,  that 
the  changes  necessary  cannot  be  made  all  at  once,  without 
serious  danger  of  confusion  and  clash  and  loss  of  efficiency 
to  the  city  government  and  hardship  to  real  estate  interests ; 
that  any  bill  that  is  drawn  now  and  attempts  to  go  into 
minute  detail  is  bound  to  cause  infinite  trouble. 

It  is  anticipated  that  presumably  if  this  scheme  is  adopted 
that  the  board  of  estimate  would  proceed  through  a  standing 
committee  of  its  own  members  who  would  make  the  most 
careful  examination  into  every  change  that  would  be  pro- 
posed before  adopting  it. 

The  bill  should  be  a  very  simple  one,  and  could  be  put 
into  one  or  two  pages  of  print.  It  should,  of  course,  also  give 
the  board  power  to  place  in  the  control  of  the  city  depart- 
ments the  functions  now  exercised  by  the  State  Department 
of  Labor  in  so  far  as  they  relate  to  building  inspection  or 
the  construction  or  alteration  of  buildings. 


70  Eepoet  of  Commission 

The  bill  should  safeguard  existing  rights  and  causes  of 
action,  and  should  make  it  clear  bejond  any  peradventure 
of  doubt  that  the  powers  conferred  upon  the  board  of  esti- 
mate supersede  all  powers  hitherto  conferred  upon  various 
city  departments,  whether  contained  in  the  charter  or  in 
any  statute." 

It  was  reported  that  the  mayor's  committee  was  unanimous  in 
supporting  every  feature  of  the  plan  as  above  outlined,  except 
the  empowering  of  the  board  of  estimate  and  apportionment  to 
transfer  to  a  city  department  the  jurisdiction  within  the  city  of 
New  York  of  the  iState  Labor  Department  over  structural 
features  of  factory  buildings,  as  to  which  there  was  one  vote  of 
the  six  members  of  the  committee  in  opposition. 

The  Commission  recognizes  as  the  result  of  its  investigations: 

First.  That  a  reorganization   of   the    inspection    services 

of  the  various  departments    of    New    York    City    and    its 

boroughs,  and  a  consolidation  of  some  of  their  functions,  is 

desirable ; 

Second.  That  in  accomplishing  this  consolidation,  nothing 
should  be  done  that  would  impair  the  effectiveness  of  the 
present  regulation  of  the  construction  and  use  of  buildings, 
which  has  been  greatly  strengthened  since  the  Triangle 
Waist  Factory  fire  of  1911 ; 

Third.  That  the  consolidation  should  be  accomplished  in 
such  manner  as  to  reduce  the  expense  to  the  city  of  the  in- 
spection departments; 

Fourth.  That  the  consolidation  of  the  inspection  depart- 
ments is  an  administrative  rather  than  a  legislative  problem, 
and  should  be  accomplished  by  such  gradual  method  as  would 
prevent  even  temporary  disorganization  of  the  inspection  de- 
partments affected. 

The  Commission  believes  that  the  consolidation  should  be 
under  a  city  department  rather  than  under  a  separate  depart- 
ment in  each  of  the  five  boroughs.  The  latter  plan,  by  decentral- 
izing the  inspection  work  of  the  city,  would  multiply  supervision 


Report  of  Commission  71 

costs  and  in  other  ways  greatly  increase  the  expense  as  well  as 
reduce  the  efficiency  of  enforcement  of  regulations  designed  to 
protect  the  lives  and  health  of  occupants  of  buildings. 

As  above  stated,  however,  the  problem  of  reorganizing  and  con- 
solidating the  inspection  departments  is  an  administrative  rather 
than  a  legislative  matter.  The  Commission  believes  that  it  falls 
within  the  principle  of  home  rule  and  that  sufficient  power  to 
deal  adequately  with  the  subject  should  be  conferred  upon  the 
local  authorities  by  a  proper  enabling  act.  The  Commission, 
therefore,  recommends  the  adoption  of  the  plan  suggested  by  the 
mayor's  committee,  so  far  as  it  provides  for  the  consolidation  by 
the  city  board  of  estimate  and  apportionment  of  the  inspection 
departments  of  the  city  and  its  boroughs. 

The  Commission  believes  that  the  city  board  of  estimate  and 
apportionment  should  be  given  an  opportunity  to  solve  the 
problem  as  affecting  the  city  and  borough  departments  and  to  de- 
termine what  form  of  city  department  shall  be  provided  for  carry- 
ing on  the  inspection  work,  before  changes  are  made  in  the  law 
regarding  the  inspection  of  structural  conditions  in  factory  build- 
ings. 

After  the  city  board  of  estimate  and  apportionment  has  solved 
the  problem  as  affecting  inspection  departments  of  the  city  and 
its  boroughs,  and  has  determined  the  form  of  department  that 
shall  be  charged  with  the  duty  of  inspecting  buildings  in  the  city, 
it  will  be  time  to  take  up  the  question  of  what  transfer,  if  any, 
shall  be  made  of  the  functions  of  the  State  Labor  Department 
with  reference  to  structural  conditions  in  factory  buildings  and 
mercantile  establishments. 


CONCLUSION 

With  this  report,  the  work  assigned  to  the  Commission  is  con- 
cluded. The  Commission  has  been  in  existence  for  a  little  over 
three  years.  During  that  time  there  has  been  enacted  on  our 
recommendation  what  practically  amounts  to  a  new  labor  law  for 
the  State  of  ISTew  York.  We  have  endeavored  to  be  fair  and 
reasonable  and  at  the  same  time  discharge  the  trust  reposed  in  us, 
that  is,  to  recommend  legislation  for  the  better  protection  of  the 
lives  and  health  of  the  men,  women  and  children  employed  in  the 
industries  of  the  State  —  legislation  that  would  protect  the 
workers  not  only  against  the  perils  of  fire,  but  against  the  deadly 
every-day  incidents  of  industrial  toil,  such  as  insanitary  condi- 
tions, excessive  hours,  accidents  and  industrial  poisons. 

Everyone  interested  was  given  ample  opportunity  to  be  heard 
before  the  Commission,  or  to  express  his  views  in  writing  on  the 
subjects  before  it  for  consideration.  We  sought  in  every  instance 
the  advice  and  counsel  of  those  who  would  be  most  affected  by  any 
changes  we  might  recommend,  and  formed  advisory  committees 
composed  of  widely  diversified  interests  to  assist  us  in  our  work. 
Our  proposals  were  given  wide  publicity  long  before  they  were 
presented  to  the  L^slature  and  were  issued  in  tentative  form 
for  suggestions  and  criticisms. 

With  the  assistance  of  many  public  spirited  citizens  and 
officials  and  of  the  press  throughout  the  State,  much  has  been  ac- 
complished in  the  way  of  better  legislation. 

We  should  prefer,  however,  to  have  our  work  judged  not  by  the 
nimiber  or  character  of  the  laws  that  were  passed  upon  our  recom- 
mendation, but  by  the  educational  value  of  the  investigations  con- 
ducted by  us,  and  the  impetus  to  the  voluntary  improvement  of 
working  conditions  given  by  the  disclosure  of  evils  in  the  course 
of  our  work. 

From  the  outset  the  Commission  laid  emphasis  on  the  neces- 
sity for  a  fair  and  complete  presentation  of  the  facts  as  to  what 

[72] 


Report  of  Commission  73 

were  the  actual  conditions  of  employment.  These  facts  were 
given  the  widest  publicity,  and  in  consequence,  there  was  a  prac- 
tical unanimity  of  opinion,  in  which  employers  all  over  the  State 
joined,  that  conditions  had  to  be  improved  in  the  interests  of  the 
public  welfare. 

It  was  early  recognized  that  better  working  conditions  produce 
increased  efficiency,  the  lessening  of  mortality  and  morbidity  of 
workers  and  greater  economy  in  manufacturing  and  producing. 
This  insures  increased  prosperity  to  industry  and  means  great 
advantage  to  the  people  of  the  State  as  a  whole,  including  the 
employers  and  manufacturers. 

The  department  of  labor  has  been  completely  reorganized.  It 
has  been  given  facilities  commensurate  with  the  great  tasks  im- 
posed upon  it,  but  despite  its  great  correctional  powers  the  Com- 
mission believes  that  the  greatest  and  highest  functions  of  the 
department  of  labor  is  to  educate  rather  than  to  exercise  the 
police  power,  and  it  earnestly  commends  to  the  department  that 
it  bring  about  a  closer  relationship  between  labor  and  its  em- 
ployer to  the  end  that  conditions  be  improved,  not  only  by  enact- 
ment of  laws  or  the  rigid  technical  enforcement  of  statutes,  but 
by  showing  that  a  greater  care  of  labor  induces  a  greater  interest 
in  the  business  of  the  employer  and  a  corresponding  profit  both  to 
the  employer  and  the  employee  alike.  It  has  been  clearly  demon- 
strated by  the  evidence  laid  before  the  Commission  tha^  improve- 
ment of  the  conditions  under  which  the  worker  lives  and  labors 
means  greater  profit  to  the  employer.  Improvement  of  working 
conditions  is  real  economy. 

If  the  labor  department  can  succeed  in  bringing  employers  and 
employees  into  closer  co-operation  and  in  this  manner  continually 
raise  the  industrial  standards  tkrough  voluntary  action,  there  will 
be  a  fairer  and  more  effective  administration  of  the  law  and  the 
human  resources  of  the  State  more  adequately  conserved. 

It  is  with  great  regret  that  we  find  it  necessary  to  announce  the 
death  of  our  colleague,  Mr.  Simon  Brentano,  which  occurred  at 
midnight,  February  14,  1915,  after  the  foregoing  report  had  been 
written  and  had  met  with  the  approval  of  the  Commission.  Mr. 
Brentano  was   appointed   a   member   of   this   Commission   as   a 


74  Report  of  Commission 

representative  of  the  public,  at  the  time  of  its  creatioii;  and 
throughout  its  activities  he  was  an  interested,  helpful  coworker, 
whose  great  experience,  ibroad  philanthropy  and  sound  judgment, 
recognized  by  all  who  knew  him,  made  his  counsel  sought  for 
and  invaluable.  Even  during  his  last  severe  illness  he  retained 
his  active  interest  in  the  Commission's  work.  This  report  had 
been  submitted  for  Mr.  Brentano's  signature  at  his  request,  but 
death  stayed  his  hand  even  while  he  was  reading  it.  Only  a  few 
days  prior  to  his  death,  however,  Mr.  Brentano  wrote  that  he  was 
fully  in  accord  with  the  Commission's  findings  ana  recommenda- 
tions. We  submit  this  report,  therefore,  as  having  the  approval 
of  our  lamented  colleague,  and  we  desire  to  express  here  not  only 
our  own  sense  of  loss  in  the  passing  of  one  we  knew  and  honored, 
but  also  the  loss  to  our  iState  of  a  man  who  upheld  the  highest 
ideals  in  business  and  in  private  life,  and  who  was  in  the  truest 
sense  a  good  citizen  and  public  servant. 

All  of  which  is  respectfully  submitted,  this  15th  day  of  Febru- 
ary, 1915. 

RoBEET  F.  Wagner, 

Chairman. 
Alfred  E.  Smith, 

Y  ice-Chairman, 
Charles  M.  Hamilton, 
Cyrus  W.  Phillips, 
Samuel  Gompers, 
Edward  D.  Jackson, 
Mary  E.  Dreier, 

Commission. 
Frank  A.  Tierney, 

Secretary. 
Abram  I.  Elkus^ 
Bernard  L.  Shientag, 
Counsel. 

Appreciation  of  Commission 

The  Commission  desires  to  express  its  appreciation  of  the  able 
and  conscientious  service  rendered  to  it  by  all  those  who  had  been 
associated  with  it  in  its  work. 


Report  of  Commission  75 

A  special  word  of  appreciation  is  due  to  the  Hon.  Abram  I. 
Elkus,  Chief  Counsel  of  tlie  Commission  since  its  inception.  Mr. 
Elkus,  for  over  three  years,  has  served  as  Chief  Counsel  without 
receiving  any  compensation.  His  services,  which  were  invaluable 
to  the  Commission,  were  given  without  stint  and  often  at  personal 
sacrifice.  AVe  make  mention  of  this  in  our  final  report  so  that  the 
people  of  the  State  may  be  informed  of  the  great  and  disinterested 
public  service  that  Mr.  Elkus  has  rendered. 


DISSENTING  REPORT  BY  LAURENCE  M.  D.  McGUIRE 


To  the  Legislature  of  the  State  of  New  York: 

A  majority  of  the  New  York  State  Factory  Investigating  Com- 
mission presented  to  your  honorable  body  on  February  15,  1915, 
a  report  of  their  work  for  your  consideration  together  with  a  bill 
"  recodifying  the  labor  law." 

As  a  member  of  the  Commission  I  carefully  studied  the  reports 
submitted  and  while  in  the  main  I  agree  that  the  report  fairly 
states  the  work  done  by  the  Commission  I  can  not  concur  in  all 
the  conclusions  and  I  more  particularly  dissent  to  the  recom- 
mendations as  to  recodifying  the  labor  law  and  as  to  the  consoli- 
dation of  various  inspection  departments  in  the  city  of  New  York. 

It  may  be  that  my  close  connection  with  business  enables  me 
to  see  matters  affecting  labor  and  capital  in  a  different  light  than 
that  in  which  my  associates  view  them.  I  feel,  personally,  that 
sufficient  consideration  has  not  been  given  the  serious  disturbance 
in  all  branches  of  legitimate  business  which  has  resulted  through 
excessive  governmental  interference  and  regulation.  It  has  also 
seemed  to  me  that,  apparently  my  colleagues  believed  that  the  end 
justified  the  means.  The  safety,  convenience  and  comfort  of  labor, 
desirable  it  is  true,  appeared  to  them  to  be  absolutely  essential 
regardless  of  whether  the  methods  employed  to  obtain  such  safety, 
convenience  and  comfort  would  seriously  effect  business  and  pos- 
sibly make  it  unproductive,  discourage  investment,  and  lead  to 
the  ultimate  unemployment  of  labor. 

There  are  many  who  believe  that  opportunity  can  no  longer  be 
grasped  by  the  laboring  man  and  that  his  condition  is  a  serious 
one.  These  people  believe  that  the  great  combinations  of  capital 
have  made  it  impossible  for  the  laboring  man  to  rise  from  the 
ranks  and  become  an  employer  and  to  them  there  is,  apparently, 
an  impassable  gulf  between  the  employer  and  the  laborer.  My 
view  point  and  belief  are  different.  I  believe  that  labor  has  as 
many  opportunities  to  rise  today  as  it  ever  had  and  that  the 

[761 


Report  of  Commission  77 

future  of  this  country  holds  just  as  much  promise  for  the  indi- 
vidual as  it  ever  did. 

It  has  seemed  to  me  that  the  very  objects  for  v^rhich  the  Com- 
mission is  striving  will  be  defeated  bv  the  laws  they  seek  to  enact. 
If  unnecessary  and  burdensome  regulations  are  placed  upon  the 
employer  they  will  ultimately  affect  injuriously  the  laborer. 

It  is,  therefore,  my  opinion  that  while  the  rights  of  labor  should 
he  safeguarded  to  the  utmost  it  is  important  that  nothing  should 
be  done  to  discourage  the  employer  or  to  impair  seriously  his  in- 
vestment, for  this  would  cause  ultimate  unemployment  and  con- 
sequent hardship  and  distress. 

As  an  instance  the  enactment  of  rigid  and  drastic  regulation  as 
the  result  of  what  is  known  as  the  Asch  fire  in  New  York  city, 
had  the  effect  of  seriously  impeding  building  operations  in  that 
community.  While  it  cannot  be  positively  shown  that  the  meas- 
ures enacted  as  a  result  of  the  agitation  which  followed  this  fire, 
excellent  though  these  measures  may  be,  have  resulted  in  saving  a 
single  life,  their  rigid  enforcement  has  seriously  discouraged 
building  operations  in  the  city. 

Last  year's  record  and  that  of  the  year  previous  were  lower 
than  the  record  of  the  year  of  the  Asch  fire.  It  is  true  that  part 
of  this  loss  can  be  ascribed  to  the  general  business  depression, 
yet,  the  percentage  of  loss  in  Greater  ISTew  York  was,  I  believe, 
larger  than  in  other  cities  throughout  the  country  where  the  same 
business  depression  existed,  but  where  the  investor  and  builder 
were  not  harrassed  and  interfered  with  by  unnecessary  regula- 
tions. In  consequence  of  this  slack  in  building  operations  thou- 
sands of  workmen  are  without  employment  and  it  would  be  diffi- 
cult to  accurately  estimate  the  privation  and  hardship  which  has 
resulted  therefrom. 

That  this  serious  state  of  affairs  does  not  deter  the  professional 
agitator  for  more  regulation  is  shown  by  the  following  letter  re- 
cently sent  broadcast  throughout  the  State: 


^8  Repobt  of  Commisstois 

COMMITTEE  ON  SAFETY  OF  THE  CITY  OF 

NEW  YORK 

A  Voluntary  Okganization   of  Citizens 

30  East  Forty-second  Street  Telephone  Murray 

Hill  4302 

January  14,   1915 

My  dear — A  cry  of  fire  fills  the  room.     Frantic 

with  fear,  fighting  in  the  midst  of  a  panic-ridden  mob  for  air, 
for  breath,  for  escape  —  flames  leaping  higher,  the  exits  blocked, 
the  screaming  crowd  grows  helpless. 

A  frail  girl,  with  clothing  torn,  eyes  staring,  choking,  coughing, 
gasping,  blinded  by  smoke,  rushing  wildly  back  and  forth,  tries 
to  decide  in  the  half  second  that  remains  whether  to  leap  from 
the  window  to  almost  certain  death  on  the  sidewalk  below,  or 
with  one  more  breath  of  the  scorching  air,  fall  suffocated  to  the 
floor  with  the  flames  ready  to  do  their  fatal  work  on  the  young 
body. 

This  is  what  it  means  to  be  caught  in  a  factory  fire. 

The  Triangle  fire  in  which  147  perished  and  twice  as  many 
were  injured;  the  Newark  fire  which  destroyed  28  young  girls 
and  injured  as  many  more;  the  Binghamton  fire  where  38  workers 
lost  their  lives  and  twice  as  many  were  injured  by  jumping,  bear 
witness  to  the  reality  of  this  kind  of  disaster. 

Two  hundred  and  sixty  thousand  working  girls  and  420,000 
working  men  face  this  danger  every  day,  when  they  go  to  their 
work  in  the  factories  in  New  York  city. 

The  Committee  on  Safety  educates  the  public,  the  employers 
and  the  workers,  in  regard  to  these  dangers  and  their  prevention, 
promotes  legislation  to  make  impossible  such  disasters,  and  se- 
cures the  proper  and  adequate  enforcement  of  the  laws. 

A  contribution  of  ten  dollars  sent  immediately  will  help  to 
assure  an  effective  legislative  campaign  this  winter  to  protect  the 
workers  against  the  fire  hazard. 

Sincerely  yours, 
(Signed)  FRANCES  PERKINS, 

Executive  Secretary. 


Report  of  Commission  79 

The  signer  and  presumably  the  author  of  this  letter  was  re- 
tained bj  the  Commission  as  an  investigator  of  mercantile  estab- 
lishments. The  harm  done  by  this  constant  agitation  can  not  be 
overestimated. 

In  reference  to  that  portion  of  the  report  which  refers  to  the 
consolidation  of  building  inspection  in  New  York  city  I  wish  to 
state  that  there  have  been  many  meetings  of  real  estate  and  civic 
organizations  held  to  discuss  the  advisability  of  such  a  consolida- 
tion and  that  it  was  practically  the  opinion  of  all,  with  but  one  or 
two  exceptions,  that  such  consolidation  should  be  along  borough 
lines. 

The  Building  Bureaus  of  the  several  boroughs  are  managed  by 
capable  heads  with  practical  experience  and  their  employees,  under 
the  charter  must  have  had  practical  experience.  It  has,  there- 
fore, seemed  to  the  associations  previously  referred  to  and  real 
estate  men  and  builders  generally,  that  it  would  be  better  to  trans- 
fer these  jurisdictions  and  inspections  to  the  bureaus  already  fully 
equipped  to  handle  them  rather  than  to  create  a  new  city  bureau 
or  to  allow  the  Board  of  Estimate  to  rearrange  city  commissions. 

In  fact,  I  cannot  understand  why  the  Commission,  after  hear- 
ing the  testimony,  reported  in  favor  of  the  plan  submitted  by  the 
mayor's  committee.  This  latter  plan  is  so  indefinite  and  really 
gives  such  little  relief  to  a  city  in  dire  necessity  that  it  should 
not  be  considered. 

The  bill  known  as  the  Lockwood  bill  should  be  adopted,  for  this 
alone  provides  the  relief  imperatively  demanded  by  building  and 
real  estate  interests. 

My  objections  to  the  report  of  my  colleagues  summarized  are 
as  follows: 

1.  That  it  is  not  a  recodification,  but  is  a  revision  of  the  labor 
law. 

2.  That  the  proposed  additions  to  the  law  are  drastic  and  in 
many  instances  unnecessary  and  if  enacted  business  and  real 
property  interests  will  be  seriously  effected. 

3.  That  the  proposed  bill  does  not  give  sufficient  consideration 
to  the  request  and  suggestions  of  witnesses  who  testified  before  the 
Commission  in  relation  to  the  requirements  for  factories  and  mer- 
cantile establishments. 

4.  That  the  enlarging  of  the  definition  of  the  term  "  factory  " 
so  that  it  will  include  almost  every  building  in  the  State  except 


80  Report  of  Commission 

those  used  exclusively  for  dwelling  purposes  is  contrary  to  tlie 
purpose  for  which  the  law  was  intended. 

6.  The  attempt  to  relieve  conditions  in  reference  to  structural 
changes  in  buildings,  by  stating  that  provisions  of  the  law  will 
not  apply  where  only  four  persons  are  employed  in  manufactur- 
ing, is  frustrated  by  the  clause  which  gives  to  the  Industrial  Board 
power  to  order  any  changes  which  it  may  require,  regardless  of 
the  number  of  people  employed. 

This  change  would  make  it  impossible  for  an  owner  to  know 
from  one  day  to  another  what  the  Industrial  Board  may  demand. 

6.  That  the  bill  allows  the  construction  and  alteration  pro- 
visions of  the  law  to  be  varied  by  a  board,  whose  members  are 
admittedly  not  experts  in  building  construction. 

7.  That  the  new  provision  of  the  bill  to  make  "  the  law  flexible 
in  its  application "  gives  the  same  board  the  right  to  specify 
building  material  and  forms  of  construction  of  buildings.  It  is 
unwise  to  vest  this  enormous  responsibility  in  persons  who  are 
not  experts. 

In  New  York  city  this  work  is  done  by  building  experts  in  the 
employ  of  the  city  and  their  work  is  reviewable  by  a  Board  of 
Examiners,  composed  of  experts  on  building  construction. 

The  transfer  of  this  jurisdiction  I  believe  would  be  a  serious 
mistake. 

8.  That  the  provision  which  makes  "  an  agent  in  charge  of  prop- 
erty "  criminally  liable  for  failing  to  do  something  which  he  may 
be  unauthorized  to  do  is  unfair,  and  I  believe  unconstitutional. 

9.  That  the  provision  requiring  the  employment  of  not  less  than 
125  inspectors  regardless  of  the  work  to  be  done  is  not  in  accord 
with  business  principles  of  economy. 

10.  That  the  bill  should  exempt  cities  of  the  first  class,  which 
maintain  building  departments  or  bureaus,  from  its  provisions 
in  all  matters  which  relate  to  the  construction  or  alteration  of 
buildings.  This  exemption  might  be  extended  to  other  cities 
maintaining  efficient  building  bureaus  or  departments.  In  I^ew 
York  city  there  are  building  bureaus  in  each  borough,  the  heads 
of  which  are  required  to  be  builders  or  architects  of  at  least  ten 
years'  experience  and  the  employees  in  these  bureaus  are  experts 
in  building  construction.  The  efficiency  of  the  bureaus  and  the 
capability  of  the  employees  are  conceded  facts. 

The  requirements  in  I^ew  York  city  are  of  high  standard. 
Health  and  life  are  adequately  safeguarded.    It  would  seem  to  be 


Report  of  Commission  81 

unfair  to  take  away  from  New  York  city  and  other  cities  of  the 
first  class  the  jurisdiction  over  the  construction  of  its  own  build- 
ings and  place  it  in  the  State  Department  which  is  not  as  well 
equipped  to  pass  upon  work  involving  vast  sums  of  money  yearly. 

While  the  bill  gives  the  labor  law  entire  jurisdiction  over  the 
construction  and  alteration  of  factory  buildings,  it  empowers  the 
labor  commissioner  to  demand  that  the  local  building  bureaus 
examine  all  plans  filed  in  the  labor  department,  and  inspect  and 
report  to  it  on  all  factory  buildings  constructed  as  to  the  require- 
ments of  all  laws  and  ordinances,  including  the  labor  law. 

This  would  impose  upon  the  local  building  bureaus  the  burden 
of  doing  all  the  work  and  assuming  responsibility,  but  still  leave 
the  control  within  the  labor  department. 

It  would  seem  unnecessary  to  maintain  a  building  bureau  within 
a  labor  department  in  cities  of  the  first  class  to  duplicate  work 
now  being  done  by  the  local  bureaus. 

A  large  saving  to  both  the  State  and  cities  could  be  effected 
by  giving  to  the  local  building  bureaus  jurisdiction  over  building 
construction.  It  would  not  only  make  a  saving  but  would  tend  to 
stop  the  much  complained  of  over  inspection  and  conflict. 

The  advantages  which  would  accrue  to  the  citizens  and  to  the 
State  at  large  if  home  rule  prevailed  as  to  building  construction 
seems  to  me  to  be  too  apparent  to  require  further  discussion.  That 
the  present  law  has  done  great  injury  and  damage  to  property 
rights,  which  the  proposed  new  bill  will  not  remedy  is  a  fact  gen- 
erally admitted  by  all  who  have  reason  or  occasion  to  follow  the 
operation  of  the  law  since  its  enactment. 

My  opinion  is  that  the  recodification  bill  as  presented  will  prove 
impracticable,  unnecessarily  increase  the  financial  burdens  of  the 
State,  will  harass  the  employer  and  employee  and  cause  the  owners 
of  real  estate  to  spend  unnecessarily  vast  sums  of  money. 

In  my  opinion  the  Commission  in  its  recommendations  and,  in 
fact,  in  its  entire  work  has,  to  some  extent  at  least,  proceeded 
upon  a  wrong  theory.  They  have  allowed  themselves  to  believe 
that  laborers  are  a  distinct  class  and  must  be  legislated  for,  pro- 
tected and  regulated,  and  that  labor  as  a  class  cannot  prosper  and 
flourish  unless  the  strong  arm  of  the  State  is  stretched  out  to  care 
for  it  and  protect  it. 

To  my  mind  this  is  all  wrong.  We  live  in  a  representative 
democracy  and  all  are  laborers.  The  employer  of  today  is  the 
laborer  of  yesterday.     Those  who  are  drones  are  so  few  as  not  to 


82  Report  of  Commission 

be  reckoned  with  and  the  sole  duty  of  the  State  is  to  safeguard  the 
individual  so  that  he  can  pursue  his  daily  legitimate  avocation 
without  let  or  hindrance. 

I  believe  that  this  is  the  sole  function  of  government  and  when 
this  is  done  and  the  individual  member  of  the  State  is  free  to 
pursue  his  daily  work  and  is  safeguarded  against  those  who  would 
take  from  him  his  rights  it  has  done  all  that  it  ought  to  do  and 
that  the  thousands  of  statutes  passed  upon  the  theory  that  there 
must  be  governmental  regulation  and  control  with  the  community 
divided  into  classes  and  each  class  given  protection  against  the 
other  is  all  wrong  and  in  the  end  will  result  in  great  injury. 

I  believe  that  the  restrictive  and  regulative  legislation  that 
has  been  enacted  at  Washington  and  in  all  the  states  has  been  less 
in  response  to  popular  demand  than  as  a  result  of  self-seeking  agi- 
tators who  have  sought  by  stirring  up  strife  between  the  employer 
and  employed  to  further  their  own  ends. 

The  experience  of  the  past  proves  conclusively  that  the  best 
government  is  the  least  possible  government,  that  the  unfettered 
initiative  of  the  individual  is  the  force  that  makes  a  country  great 
and  that  this  initiative  should  never  be  bound  except  where  it 
becomes  a  menace  to  the  liberty  and  initiative  of  others. 

Those  laws  that  are  said  to  be  progressive  are  really  reactionary 
and  belong  rather  to  the  days  of  so-called  beneficent  despotism 
than  to  the  era  of  representative  government. 

In  conclusion  I  believe  that  this  matter  can  be  safely  left  to 
the  wisdom  of  the  Legislature  and  that  as  a  result  of  your  de- 
liberations wise  and  beneficent  laws  will  be  enacted. 

LAUREISTCE  M.  D.  McGUIRE. 


REPLY  TO  DISSENTING  REPORT  OF  LAURENCE  M.  D. 

MCGUIRE 

The  Commission's  term  of  office  expired  on  February  15, 
1915,  and  on  that  day,  pursuant  to  statute,  it  submitted  its  final 
report  to  the  Legislature.  A  copy  of  the  dissenting  report  of  Mr. 
Laurence  M.  D.  McGuire  was  not  submitted  to  us  until  March  5, 
1915.  It  contains  various  objections  which  were  not  made  by  Mr. 
McGuire  at  any  time  before  the  Commission  submitted  its  report 
to  the  Legislature.  Hence,  it  is  proper  and  necessary  to  resort  to 
the  unusual  method  of  replying  to  a  dissenting  report,  in  order  that 
the  position  of  the  Commission  may  be  fully  understood  and  cer- 
tain misconceptions  apt  to  arise  from  a  reading  of  the  dissenting 
report,  be  cleared  up. 

The  Commission  was  created  in  1911  after  the  Triangle  Waist 
Co.  fire  in  New  York  City,  and,  prior  to  its  final  report,  sub- 
mitted preliminary  and  intermediate  reports  to  the  Legislature  in 
1912,  1913  and  1914.  These  reports  were  accompanied  by  a  series 
of  bills  dealing  with  safety  and  sanitation  in  factories  and  mercan- 
tile establishments,  most  of  which  were  enacted  into  law. 

In  1914  the  Commission  was  continued  to  complete  the  recodifi- 
cation of  the  Labor  Law  and  an  investigation  of  wages  that -had 
been  commenced  the  previous  year. 

]\Ir.  McGuire,  the  dissenting  member,  was  not  appointed  a  mem- 
ber of  the  Commission  until  July,  1914,  when  practically  all  of 
the  work  of  investigation  of  the  Commission  had  been  completed. 
Mr.  McGuire  was  then  appointed  by  the  Governor  to  succeed  Mr. 
Robert  E.  Dowling,  who  resigned  in  order  to  devote  all  of  his  time 
to  the  work  of  the  Workmen's  Compensation  Commission,  of  which 
he  became  chairman.  At  the  time  of  his  appointment  Mr.  Mc- 
Guire was  and  still  is  president  of  the  Real  Estate  Board  of  New 
York,  as  association  of  owners  and  representatives  of  real  estate 
in  the  city  of  New  York. 

With  this  preliminary  statement,  we  shall  proceed  to  a  brief 
discussion  of  the  objections  raised  in  the  dissenting  report. 

[83] 


84  Report  of  Commission 

From  that  report  it  might  appear  that  the  dissenting  commis- 
sioner did  not  approve  of  the  report  of  the  Commission  on  the  sub- 
ject of  wages  and  wage  legislation.  We  are  certain  that  Mr. 
McGuire  did  not  intend  this  erroneous  impression  to  be  conveyed, 
for  at  the  final  meeting  of  the  Commission  and  prior  thereto  he 
announced  his  approval  of  the  findings  of  the  Commission  and  its 
recommendations  on  that  subject,  and  subsequently  made  a 
written  declaration  to  that  effect. 

We  have  no  comment  to  make  here  concerning  the  dissent  from 
that  section  of  the  report  dealing  with  the  consolidation  of  depart- 
ments having  jurisdiction  over  buildings  in  the  city  of  o^ew  York. 
The  reasons  for  the  Commission's  adoption  of  the  recommenda- 
tions of  the  Mayor's  committee  and  its  advocacy  of  a  centralized 
City  Department  of  Buildings,  as  opposed  to  separate  departments 
in  each  borough,  are  fully  set  forth  in  our  report  to  the  Legislature. 
We  note  the  dissatisfaction  expressed  by  Mr.  McGuire  at  the 
trend  of  legislation  all  over  the  country,  Federal  and  State,  having 
as  its  aim  the  betterment  of  working  conditions.  We  have  no 
desire  to  dwell  on  these  views  further  than  to  express  the  regret  that 
Mr.  McGuire  was  not  a  member  of  the  Commission  when  it  con- 
ducted its  extensive  and  comprehensive  investigations  into  working 
conditions  in  industrial  establishments  in  this  State,  based  in  part 
upon  personal  inspections  of  factories  and  mercantile  establish- 
ments by  members  of  the  Commission.  His  attitude  on  these  ques- 
tions might,  in  that  event,  have  been  a  little  different. 

It  would  serve  no  purpose  to  indulge  in  any  discussion  of  the 
generalities  expressed  by  Mr.  McGuire  concerning  the  relation- 
ship between  labor  and  capital  and  the  functions  of  government  in 
respect  thereto,  most  of  which  are  not  pertinent  to  the  work  or 
recommendations  of  the  Commission. 

Mr.  McGuire  in  his  report  says :  "It  may  be  that  my  close  con- 
nection with  business  enables  me  to  see  matters  affecting  labor 
and  capital  in  a  different  lighl;  than  that  in  which  my  associates 
view  them."  From  this  the  impression  might  be  gathered  that 
business  interests  were  not  represented  on  the  Commission.  The 
fact  is,  however,  that  all  of  the  laws  recommended  by  the  Com- 


Repoet  of  Commission  85 

mission  received  the  endorsement  and  were  approved  by  Robert 
E.  Dowling,  the  president  of  the  City  Investing  Company,  one  of 
the  largest  and  most  prominent  real  estate  men  and  contractors  in 
the  city  of  New  York;  the  late  Simon  Brentano,  a  well-known 
merchant  and  publisher  of  the  city;  and  Charles  M.  Hamilton, 
now  a  Congressman  and  identified  with  large  business  interests  all 
over  the  country.  The  business  and  real  estate  interests  were 
therefore  represented  on  the  Commission  and  joined  in  the  recom- 
mendations which  Mr.  McGwire  now  finds  fault  with. 

In  another  section  of  his  report  Mr.  McGuire  ascribes  the  laws 
recommended  by  the  Commission  and  similar  laws  enacted  all  over 
the  country  to  what  he  terms  "  agitators,"  and  fears  for  their  effect 
upon  the  welfare  of  workers  in  industrial  establishments.  Here 
again  the  fact  should  not  be  overlooked  that  the  interests  of  labor 
were  represented  on  the  Commission  by  Samuel  Gompers,  the 
president  of  the  American  Federation  of  Labor;  Mary  E.  Dreier, 
president  of  the  Women's  Trade  Union  League;  and  Edward  D. 
Jackson,  of  Buffalo. 

The  most  serious  exception  that  we  take  to  the  dissenting  report 
is  to  that  portion  of  it  which  deals  with  recodification  of  the  Labor 
Law.  At  the  final  meeting  of  the  Commission  and  prior  thereto, 
Mr.  McGuire  interposed  no  objections  to  the  recommendations  of 
the  Commission  on  this  subject  although  these  recommendations 
had  been  submitted  in  the  form  of  a  tentative  bill  some  time  prior 
thereto,  and  had  been  discussed  at  several  meetings  at  which  Mr. 
McGuire  was  present.  Indeed,  we  have  been  informed  by  coun- 
sel that  after  reading  the  Commission's  report,  Mr.  McGuire 
stated  that  he  did  not  object  to  the  section  dealing  with  the  recodi- 
fication, biecause  it  was  a  recodification  and  not  the  enactment  of 
any  new  laws. 

In  making  this  statement,  we  do  not  suggest  that  Mr.  McGuire 
was  not  at  liberty  to  change  his  views  on  this  subject.  We  refer 
to  it  simply  as  showing  that  the  Commission  had  no  opportunity 
to  discuss  and  consider  the  objections  that  Mr.  McGuire  now 
makes  and  to  deal  with  them  in  its  report  to  the  Legislature. 

The  dissenting  report  on  this  subject  contains  many  statements 
which  are  misleading,  unintentionally  so  to  be  sure,  but  at  the 
same  time  they  do  not  fairly  and  correctly  set  forth  the  scope  and 
contents  of  the  recodification  bill  recommended  by  the  Commission. 


86  Repokt  of  Commission 

Mr.  McGu ire's  objections  to  this  bill  are  in  themselves  contra- 
dictory. First  he  objects  because  the  bill  is  not  a  recodiiication 
of  the  Labor  Law,  but  a  revision  (meaning  presumably  that  the 
bill  contains  changes  of  substance).  Then  he  objects  because  a 
number  of  important  changes  of  substance  were  not  made. 

The  bill  presented  by  the  Commission  is  in  fact  a  recodification 
of  the  Labor  Law.  There  are  no  added  requirements  except  that, 
pursuant  to  a  widesp re-ad  demand  from  business  men  and  real 
estate  interests  all  over  the  State,  the  powers  of  the  Industrial 
Board  have  been  increased  and  the  law  made  more  flexible  in  its 
application.  The  Industrial  Board,  under  proper  circumstances, 
was  given  the  power  to  vary  the  requirements  of  the  law  in  cases 
where  its  application  involved  difficulties  or  unnecessary  hardship. 

Of  course,  where  experience  had  shown  that  certain  mandatory 
requirements  were  unfair  or  unreasonable,  they  were  eliminated. 
Changes  were  also  made  where  the  provisions  of  existing  law  were 
found  to  be  inconsistent  and  ambiguous,  but  that  is  involved  in 
every  work  of  recodification.  It  should  be  emphasized  that  what- 
ever change  has  been  made  in  the  Labor  Law  has  been  by  way  of 
minimizing  and  making  less  burdensome,  but  not  in  any  way 
adding  to  its  requirements. 

The  statement  that  Mr.  McGuire  makes  "  That  the  proposed 
additions  to  the  law  are  drastic  and  in  many  instances  unnecessary 
and  if  enacted  real  estate  and  business  interests  will  be  seriously 
affected,"  is  not  supported  by  the  facts.  ISTor  does  Mr.  McGuire 
himself  specify  what  additional  requirements  are  made  by  the 
recodification. 

The  next  objection  of  any  consequence  that  Mr.  McGuire  makes 
is  objection  4,  as  follows: 

"  That  the  enlarging  of  the  definition  of  the  tei'm  '  factor^' ' 
so  that  it  will  include  almost  eveiy  building  in  the  state  ex- 
cepting those  used  exclusively  for  dwelling  purposes,  is  con- 
trary to  the  purpose  for  which  the  laws  was  intended," 

We  shall  consider  this  objection  in  connection  with  objection 
5,  which  relates  to  the  definition  of  factory. 

Here  again,  the  recommendations  of  the  Commission  are  not 
correctly  set  forth.     The  recodification  bill  presented  by  the  Com- 


Report  of  Commission  87 

mission  does  not  enlarge  the  definition  of  factory  and  factory 
building.  The  recodification  limits  the  broad  scope  of  those  defini- 
tions. For  example,  under  the  present  law  the  term  "  factory  " 
is  defined  as  follows : 

"  The  term  '  factory  '  includes  any  mill,  workshop,  or  other 
manufacturing  or  business  establishment  and  all  buildings, 
sheds,  structures  or  other  places  used  for  or  in  connection 
therewith,  where  one  or  more  persons  are  employed  at  labor." 

The  change  in  the-  definition  of  a  factory  recommended  by  the 
Commission  is  as  follows : 

"  The  term  '  factory  '  includes  any  mill,  workshop,  or  other 
manufacturing  establishment  and  all  buildings,  sheds,  struc- 
tures or  other  places  used  for  or  in  connection  therewith, 
where  one  or  more  persons  are  employed  at  manufacturing, 
including  making,  altering,  repairing,  finishing,  bottling, 
canning,  cleaning  or  laundering  any  article  or  thing,  in  whole 
or  in  part." 

In  other  words,  under  the  law  recommended  by  the  Commission, 
only  a  manufacturing  establishment  is  to  be  deemed  a  factory, 
whereas  under  the  present  law  any  business  establishment  where 
one  or  more  persons  are  employed  at  any  kind  of  labor  might  con- 
ceivably come  within  the  scope  of  the  definition.  The  Commis- 
sion went  further,  however,  and  recommended  the  following 
provision : 

"  The  provisions  of  this  chapter  affecting  structural  changes 
and  alterations  and  the  installation  of  fixtures  and  apparatus 
other  than  for  the  safeguarding  of  machinery  shall  not  apply 
to  factories  or  to  any  building,  sheds,  structures  or  other 
places  used  for  or  in  connection  therewith  where  less  than 
five  perons  are  employed  at  manufacturing  except  as  pre- 
scribed by  the  industrial  board  in  its  rules." 

It  is  not  correct  to  say  either  that  the  recommendations  of  the 
Commission  enlarged  the  definition  of  factory  building.  The  fact 
is  that  that  definition  is  limited  in  the  recodification  of  the  Labor 
Law  bill.  The  present  law  defines  the  term  "  factory  building  " 
as  follows : 


88  Report  of  Commission 

"  The  term  '  factory  building '  means  any  building,  shed 
or  structure  which,  or  any  part  of  which,  is  occupied  by  or 
used  for  a  factory." 

The  law  recommended  by  the  Commission  adds  the  following 
qualification : 

"  and  in  which  at  least  one-tenth  of  all  the  persons  employed 
in  the  building  are  engaged  in  work  for  a  factory  but  shall 
not  include  a  building  used  exclusively  for  dwelling  purposes 
above  the  first  story." 

Surely,  this  does  not  enlarge  the  old  definition  of  a  factory 
building.  The  last  clause,  to  which  Mr.  McGuire  seems  to  take 
exception,  was  added  at  the  special  request  of  owners  of  tenement 
houses  in  New  York  City  having  factories  on  the  first  story  only, 
to  exempt  such  buildings  from  the  requirements  of  the  Factory 
Law. 

The  power  granted  to  the  Industrial  Board  to  specify  additional 
materials  and  forms  of  construction  other  than  those  mentioned  in 
the  statute,  to  which  Mr.  McGuire  now  objects,  was  conferred  pur- 
suant to  unanimous  demand  of  business  men  throughout  the  State, 
because  of  the  fact  that  new  materials  as  good  as  those  specified 
in  the  law  are  constantly  being  put  upon  the  market. 

Mr.  McGuire  makes  the  objection  that  the  recodification  has  a 
requirement  that  there  shall  be  not  less  than  one  hundred  and 
twenty-five  factory  inspectors,  regardless  of  the  work  to  be  done. 
That  is  not  new  matter  contained  in  the  recodification;  that  was 
in  the  old  law.  The  Commission  has  not  enlarged  it  in  the  recodi- 
fication in  any  way.  Besides,  it  should  be  borne  in  mind  that  this 
applies  to  a  State  department  and  that  the  Legislature  is  at  all 
times  free,  because  of  its  control  over  appropriations,  to  reduce  the 
number  of  inspectors  in  any  way  it  detennines  to  be  advisable. 

Mr.  McGuire  also  objects  because  the  recodification  does  not 
exempt  the  cities  of  the  first  class,  'Rew  York,  Buffalo  and  Roches- 
ter, from  the  requirements  of  the  Labor  Law  in  so  far  as  they  deal 
with  the  construction  and  alteration  of  factories  and  factory  build- 
ings. Of  course,  no  such  change  was  made  because  that  would 
have  been  a  most  vital  change  in  the  substance  of  the  law  and 


Report  of  Commission  89 

would  have  repealed  some  of  tlie  important  provisions  of  the  Labor 
Law  relating  to  fire  hazard  and  safety  in  factory  buildings  so  far 
as  the  cities  of  the  first  class  were  concerned.  That  certainly  was 
not  a  matter  that  came  within  the  scope  of  any  recodification  bill. 

Mr.  McGuire  makes  a  number  of  other  minor  objections  to  the 
recodification  but  most  of  these  refer  to  provisions  in  the  present 
law  which  have  not  been  changed  in  any  way  and  if  any  change  is 
required,  it  should  be  by  way  of  the  introduction  of  a  new  bill. 

To  sum  up,  the  recodification  makes  no  added  requirements  to 
the  law.  It  seeks  to  make  the  law  more  flexible,  to  give  the  In- 
dustrial Board  more  power  to  meet  difficult  conditions  and  removes 
inconsistencies  and  ambiguities.  There  is  nothing  in  the  law  from 
which  it  can  be  said  that  there  would  be  any  increased  expense  to 
the  State. 

We  regret  to  have  to  go  over  these  matters  in  this  way.  If  these 
objections  had  been  presented  to  us  in  time,  they  could  have  been 
more  adequately  dealt  with  in  the  report  submitted  on  February 
15th. 

We  regret  very  much  that  Mr.  McGiiire  has  seen  fit  in  his  dis- 
senting report  to  make  statements  reflecting  on  the  connection  with 
the  work  of  the  commission  of  Miss  Frances  Perkins,  the  secre- 
tary of  the  Committee  of  Safety  of  the  City  of  New  York.  Miss 
Perkins  received  no  compensation  for  her  services,  and  Mr. 
McGuire  was  informed  of  that  fact.  She  volunteered  to  do  some 
work  for  the  Commission  in  connection  with  the  fire  hazard  in 
mercantile  establishments,  and  Mr.  McGuire  in  his  report  does 
not  indicate  that  her  work  in  this  connection  was  in  any  way  un- 
satisfactory or  inaccurate.  The  findings  and  recommendations 
of  the  mercantile  fire  hazard  investigation  were  submitted  to  the 
Engineer  of  the  Commission  and  were  endorsed  by  experts. 

Robert  F.  Wagner, 
Alfred  E.  Smith, 
Mary  E.  Dreier, 
Samuel  Gompers, 
Edward  D.   Jackson. 

Abram  I.  Elkus, 

Bernard  L.  Shientag, 
Counsel. 


APPENDIX  1 


BILLS   RECOMMENDED   BY  COMMISSION 

1.  Kecodification  of  Labor  Law. 

2.  Wage  Commission. 

3.  Consolidation  of  Departments  Inspecting  Buildings 

IN  New  York  City. 

[91] 


1 

RECODIFICATION  OF  LABOR  LAW 


AN  ACT 

To  amend  the  labor  law,  generally,  and  to  amend  the  education 
law,  the  general  corporation  law  and  the  partnership  law,  by 
transferring  thereto  certain  sections  of  the  labor  law,  and  to 
amend  the  penal  law,  in  relation  to  penalties  for  violations 
of  the  provisions  of  the  labor  law,  and  to  enact  a  new  chap- 
ter of  the  consolidated  laws  by  transferring  thereto  the  pres- 
ent provisions  of  the  labor  law  relating  to  employers'  lia- 
bility. 

The  People  of  the  State  of  New  Yorh,  represented  in  Senate 
and  Assembly  J  do  enact  as  follows: 

Section  1.  Chapter  thirty-six  of  the  laws  of  nineteen  hundred 
and  nine,  entitled  "An  act  relating  to  labor,  constituting  chapter 
thirty-one  of  the  consolidated  laws,"  as  amended,  is  hereby  further 
amended  to  read  as  follows: 

CHAPTER  XXXI  OF  THE  CONSOLIDATED  LAWS. 

LABOE  LAW. 

[Article  1.  Short  title ;  definitions.     (§§1-2.) 

2.  General  provisions.     (§§  3-22.) 

3.  Department  of  labor.     (§§  40-48.) 
3a.  Industrial  board.     (§§  50-52.) 

4.  Bureau  of  inspection.     (§§  53-61.) 

5.  Bureau  of  statistics  and  information.     (§§  62-65.) 

6.  Factories.     (§§  6 8-6 9 a.) 

7.  Tenement-made  articles.     (§§  100-106.) 

8.  Bakeries  and  confectioneries.     (§§  110-117.) 

[93] 


y4       Appendix  I  —  Bills  Submitted  to  the  Legislatueb 

9.     Mines,  tunnels  and  quarries  and  their  inspection. 
(§§  119-136.) 

10.  Bureau  of  mediation  and  arbitration.      (§§    140- 

148.) 

11.  Bureau  of  industries  and  immigration.     (§§  151- 

156a.) 

12.  Employment  of  women  and  children  in  mercantile 

establishments.     (§§  160-173.) 

13.  Convict-made  goods  and  duties  of  commissioner  of 

labor  relative  thereto.     (§§  190-195.) 

14.  Employer's  liability.     (§§  200-212.) 

14a.  Workmen's  compensation  in  certain  dangerous  em- 
ployments.    (§§  215-2 19g.) 

15.  Employment  of  children  in  street  trades.     (§§  220- 

227.) 

16.  Laws   repealed;   when  to  take  effect.      (§§    240- 

241.)] 
Article     1.  Short  title;  definitions.       (§§  1-2.) 

2.  The  department  of  labor.     (§§  10-132.) 

S.  General  provisions.     (§§  lJf.0-lJf8.) 

Jf.  Employment  of  children  and  females.    {%%  160-115.) 

5.  Hours  of  labor.     (§§  180-206.) 

6.  Payment  of  wages.     (§§  210-212.) 

7.  Public  work.     (§§  215-219.) 

8.  Immigrant  lodging-houses.     (§§  225-228.) 

9.  Building  construction  and  repair  work.     (§§  230- 

232.) 

10.  Factories.     (§§  235-286.) 

11.  Bakeries     and     manufacture     of     food     products. 

(§§  295-303.) 

12.  Tenement-made  articles.     (§§  310-326.) 

13.  Mercantile  establishments.     (§§  335-351.) 

IJf.  Mines,  tunnels  and  quarries;  employment  in  com- 
pressed air.     (§§  370-397.) 

15.  Violations  and  penalties.     (§§  Jf05-Jt06.) 

16.  Laws  repealed.     (§§  J^lO-J^ll.) 

ARTICLE  1. 

SHORT  TITLE  ;  DEFINITIONS. 

Section  1.  Short  title.     This  chapter  shall  be  known  as  the 
"  Labor  Law." 


Appendix  I  —  Bills  Submitted  to  the  Legislatdre      95 

§  2.  Definitions.     1.  Whercever  used  in  this  chapter: 

[Employee.]  The  term  "  employee,"  [when  used  in  this 
chapter,]  means  a  mechanic,  workingman  or  laborer  who  works 
for  another  for  hire. 

[Employer.]  The  term  "  employer,"  [when  used  in  this 
chapter,]  means  the  person  employing  any  such  mechanic,  work- 
ingman or  laborer,  whether  the  owner,  proprietor,  agent,  superin- 
tendent, foreman  or  other  subordinate. 

[Factory ;  work  for  a  factory.]  The  term  "  factory,"  [when 
used  in  this  chapter,  shall  be  construed  to]  includes  any  mill, 
workshop,  or  other  manufacturing  [or  business]  establishment  and 
all  buildings,  sheds,  structures  or  other  places  used  for  or  in 
connection  therewith,  where  one  or  more  persons  are  employed  at 
[labor,]  manufacturing  including  making^  altering,  repairing, 
finishing,  bottling,  canning,  cleaning  or  laundering  any  article  or 
thing,  in  whole  or  in  part,  except  power  houses,  generating  plants, 
barns,  storage  houses,  sheds  and  other  structures  owned  or  opera- 
ted by  a  public  service  corporation,  other  than  construction  or 
repair  shops,  subject  to  the  jurisdiction  of  the  public  service 
commission  under  the  public  service  commissions  law. 

The  provisions  of  this  chapter  affecting  structural  changes  and 
alterations,  and  the  installation  of  fixtures  and  apparatus  other 
than  for  the  safeguarding  of  machinery  shall  not  apply  to  factories 
or  to  any  buildings,  sheds,  structures  or  other  places  used  for  or 
in  connection  therewith  where  less  than  five  persons  are  employed 
at  manufacturing  except  as  prescribed  by  the  industrial  board  in 
its  rules. 

[Work  shall  be  deemed  to  be  done  for  a  factory  within  the 
meaning  of  this  chapter  whenever  it  is  done  at  any  place,  upon 
the  work  of  a  factory  or  upon  any  of  the  materials  entering 
into  the  product  of  the  factory,  whether  under  contract  or  ar- 
rangement with  any  person  in  charge  of  or  connected  with  such 
factory  directly  or  indirectly  through  the  instrumentality  of  one 
or  more  contractors  or  other  third  persons.] 

[Factory  building.]  The  term  "  factory  building,"  [when 
used  in  this  chapter,]  means  any  building,  shed  or  structure 
which,  or  any  part  of  which,  is  occupied  by  or  used  for  a  factory, 
and  in  which  at  least  one-tenth  of  all  the  persons  employed  in  the 
building  are  engaged  in  ivork  for  a  factory  but  shall  not  include 
a  building  used  exclusively  for  dwelling  purposes  above  the  first 
story.     The  provisions  of  this  chapter  shall  so  far  as  prescribed 


96       Appendix  I  —  Bills  Submitted  to  the  Legislature 

hy  the  industrial  hoard  in  its  rules,  also  apply  to  any  building,  not 
a  factory  building  within  the  meaning  hereof,  any  part  of  which 
is  occupied  by  or  used  for  a  factory. 

[Mercantile  establishmentj  The  term  "mercantile  establish- 
ment," [when  used  in  this  chapter,]  means  any  place  where 
goods,  wares  or  merchandise  are  offered  for  sale.  The  provisions 
of  this  chapter  affecting  structural  changes  and  alterations,  and 
the  installation  of  fiodures  and  apparatus  shall  not  apply  to  mer- 
cantile establishments  where  less  than  five  persons  are  employed 
except  as  prescribed  by  the  industrial  board  in  its  rules. 

The  term  "  mercantile  building  "  tneans  any  building,  shed  or 
structure,  (other  than  a  factory  building)  which  or  any  part  of 
which  is  occupied  by  or  used  for  a  mercantile  establishment  and 
in  which  at  least  twenty  per  centum  of  all  the  persons  employed 
in  the  building  are  engaged  in  work  for  a  mercantile  establish- 
ment, but  shall  not  include  a  building  used  exclusively  for  dwell- 
ing purposes  above  the  first  story. 

[Tenement  house.  The  term  "  tenement  house,"  when  used  in 
this  chapter,  means  any  house  or  building,  or  portion  thereof, 
which  is  either  rented,  leased,  let  or  hired  out,  to  be  occupied,  or 
is  occupied  in  whole  or  in  part  as  the  home  or  residence  of  three 
families  or  more  living  independently  of  each  other,  and  doing 
their  cooking  upon  the  premises,  and  includes  apartment  houses, 
flat  houses  and  all  other  houses  so  occupied,  and  for  the  purposes 
of  this  chapter  shall  be  construed  to  include  any  building  on  the 
same  lot  with  any  such  tenement  house  and  which  is  used  for  any 
of  the  purposes  specified  in  section  one  hundred  of  this  chapter. 
Whenever  in  this  chapter  authority  is  conferred  upon  the  com- 
missioner of  labor,  it  shall  also  be  deemed  to  include  his  deputies 
or  a  deputy  under  his  direction.] 

The  term  "  department "  means  the  department  of  labor  of  the 
state  of  New  York. 

The  term  "  commissioner "  means  the  commissioner  of  labor 
of  the  state  of  New  York. 

The  term  "  rule  "  means  any  nde  or  regulation  made  hy  the 
industrial  hoard  and  any  amendment  or  repeal  thereof. 

2.  Prohibited  employment.  Whenever  the  provisions  of  this 
chapter  prohibit  the  employment  of  a  person  in  certain  work  or 
under  certain  conditions,  the  employer  shall  not  permit,  suffer  or 
allow  such  person  to  so  work,  either  with  or  without  compensa- 
tion, and  in  a  prosecution  or  action  therefor  lack  of  consent  or 
knowledge  on  the  part  of  the  employer  shall  be  no  dcferise. 


Appendix  I  —  Bills  Submitted  to  the  Legislature       97 

3.  Work  for  a  factory.  Work  shall  he  deemed  to  he  done  for 
a  factory  within  the  meaning  of  this  chapter  whenever  it  is  dons 
at  any  place,  upon  the  work  of  a  factory  or  upon  any  of  the 
materials  entering  into  the  product  of  the  factory,  whether  under 
contract  or  arrangement  with  any  person  in  charge  of  or  con- 
nected with  such  factory  directly  or  indirectly  through  the  in- 
strumientality  of  one  or  more  contractors  or  other  third  persons. 

Note. —  Subdivision  2  is  new  and  avoids  the  necessity  of  numerous  repeti- 
tions of  the  VFords  "  permitted,"  "  suffered,"  or  "  allowed  "  to  work.  Sub- 
division 3  is  merely  transposed  from  the  earlier  part  of  the  section.  The 
definition  of  tenement  house  is  transferred  to  §   310. 

ARTICLE  [3]  2. 

THE   DEPARTMENT   OF   LABOR. 


[Section  41. 

Commissioner  of  labor. 

41. 

Deputy  commissioners. 

42. 

Bureaus. 

43. 

Powers. 

44. 

Salaries  and  expenses. 

45. 

Branch  offices. 

46. 

Reports. 

47. 

Old  records. 

48. 

Counsel.] 

TITLE  I.     OROANIZATIOH. 

Section  10.  Commissioner  of  labor. 

11.  Appointment  and  removal  of  subordinate  officers  and 

assistants;  salaries. 

12.  Industrial  board,  appointment  and  salaries. 

13.  Seal. 

14.  Badges. 

15.  Industrial  hoard,  secretary  and  assistants. 

16.  Bureaus. 

11.  Branch  offices. 
18.  Expenses. 

TITLE  II.    INDUSTRIAL  BOARD;  POWERS  AND  DUTIES. 

Section  25.  Meetings  of  hoard. 

26.  Investigations. 

27.  Enactment  of  rules. 

28.  Special  rules  for  dangerous  trades. 

29.  Procedure ;  industrial  code. 

30.  Variations. 
Vol.   1  —  4 


98       Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

TITLE  III.   COMMISSIONER  OF  LABOR;  POWERS  AND  DUTIES. 

HccLion  JfO.  General  duty  to  enforce  labor  laws. 
Ji-l.  Power  to  enter  and  inspect  premises, 
42.  Examination  of  hooks  and  papers. 
JfS.  Inspectors'  reports. 

44.  Duty  to  furnish  information  and  facilitate  depart- 

ment's inspections. 

45.  Interference  with  department  prohibited. 

46.  Service  of  notice. 

47-  Reissuance  of  revoked  licenses. 

48.  Commissioner  to  keep  record  and  publish  bulletin  of 

licenses. 

49.  Blanks  to  be  prepared, 
60.  Annual,  report. 

51.  Seal. 

52.  Badges. 

53.  Destruction  of  old  records. 

54.  Department's  process  to  be  in  commissioner  s  name. 

55.  Oaths  and  affidavits. 

56.  Hearings  and  subpoenas. 

51.  Proceedings  before  deputies  or  assistants. 
58.  Rules  covering  hearings. 

TITLE  IV.     SUBORDINATE  OFFICERS;   POWERS  AND  DUTIES. 

Section  65.  Powers  and  duties  of  deputies. 
66.  Duties  of  counsel. 

TITLE  V.     BUREAU  OF  INSPECTION. 

Section  70.  Bureau  of  inspection;  divisions. 

71.  Inspector  general. 

72.  Factory  inspection  districts;  chief  factory  inspectors. 

73.  Supervising  factory  inspectors. 
7^.  Factory  inspection  subdistricts. 

75.  Special  factory  inspectors. 

76.  Assignment  of  factory  inspectors. 

77.  Division  of  mercantile  inspection. 

78.  Mercantile  inspection  districts. 

79.  Special  mercantile  inspectors. 

80.  Assignment  of  mercantile  inspectors, 

81.  Division  of  homework  inspection. 

82.  Division  of  industrial  hygiene. 

83.  Section  of  medical  inspection. 


Appendix  I  —  Bills  Submitted  to  the  Legislature       99 

TITLE   VI.    BUREAU  OF  STATISTICS  AND  INFORMATION. 

Section  90.  Bureau  of  statistics  and  information;  divisions. 
91.  Powers  and  duties  of  divisions. 

TITLE  VII.     BUREAU  OF  MEDIATION  AND  ARBITRATION. 

Section     !4X  Bureau  of  mediation  and  arbitration. 

96.  Board  of  mediation  and  arbitration, 

97.  Mediation  and  investigation. 

98.  Procedure  of  board. 

99.  Arbitration  by  the  board. 

100.  Decisions  of  board. 

101.  Submission  of  controversies  to  local  arbitrators. 

102.  Consent;  oath;  powers  of  arbitrators. 

103.  Decisions  of  arbitrators. 

TITLE  VIII.     BUREAU  OF  INDUSTRIES  AND  IMMIGRATION. 

Section  110.  Bureau  of  industries  and  immigration. 
111.  General  powers  and  duties. 

TITLE  IX.    BUREAU   OF  EMPLOYMENT. 

Section  120.  Bureau  of  employment;  offices. 

121.  Reports  of  superintendents. 

122.  Advisory  committees. 

123.  Registration  of  applicants. 
121)..  Advertising. 

125.  Service  to  be  free. 

126.  Juveniles. 

127.  Cooperation  of  public  employment  offices. 

128.  Labor  market  bulletin. 

129.  Information  from  employment  agencies. 

130.  Notice  of  strikes  or  lockouts. 

131.  Applicants  not  to  be  disqualified, 

132.  Penalties. 

TITLE  I.     ORGANIZATION. 

§  [40]  10.  Commissioner  of  labor.  There  shall  continue  to 
be  a  department  of  labor,  the  head  of  which  shall  be  the  com- 
missioner of  labor,  who  shall  be  appointed  by  the  governor 
i[by  and]  with  the  consent  of  the  senate.  [,  and  who]  The 
commissioner  shall  hold  office  for  £a]  the  remainder  of  the  term 
of  four  years  beginning  on  the  first  day  of  January  of  the  year 


100     Api'kndix  I  —  Bills  Submitted  to  the  Legislatdbe 

in  which  he  is  appointed^[.     He]  and  shall  receive  an  aimiial 
salary  of  eight  thousand  dollars.      [He  shall  appoint  and  nuiy 
remove  all  officers,  clerks  and  other  employees  in  the  department 
of  labor  except  as  in  this  chapter  otherwise  provided.] 
Note: — The  last  sentence  is  transferred  to  the  next  section. 

§  [54]  11.  [[Inspectors.  Factory  inspectors  1.]  Appoint- 
meid  and  removal  of  subordinate  officers  and  assistants;  salaries. 
[[There  shall  be  not  less  than  one  hundred  and  twenty-five  factory 
inspectors,  not  more  than  thirty  of  whom  shall  be  women.  Such 
inspectors  shall  be  appointed  by  the  commissioner  of  labor  and 
may  be  removed  by  him  at  any  time.  The  inspectors  shall  be 
divided  into  seven  grades.  Inspectors  of  the  first  grade,  of 
whom  there  shall  not  be  more  than  ninety-five,  shall  each  re- 
ceive an  annual  salary .^ of  one  thousand  two  hundred  dollars; 
inspectors  of  the  second  grade,  of  whom  there  shall  be  not  more 
than  fifty,  shall  each  receive  an  annual  salary  of  one  thousand 
five  hundred  dollars;  inspectors  of  the  third  grade,  of  whom 
there  shall  be  not  more  than  twenty-five,  shall  each  receive  an 
annual  salary  of  one  thousand  eight  hundred  dollars;  in- 
spectors of  the  fourth  grade,  of  whom  there  shall  be  not  more 
than  ten,  shall  each  receive  an  annual  salary  of  two  thousand 
dollars  and  shall  be  attached  to  the  division  of  industrial 
hygiene  and  act  as  investigators  in  such  division ;  inspectors 
of  the  fifth  grade,  of  whom  there  shall  be  not  more  than  nine, 
one  of  whom  shall  be  able  to  speak  and  write  at  least  five  European 
languages  in  addition  to  English,  shall  each  receive  an  annual 
salary  of  two  thousand  five  hundred  dollars  and  shall  act  as 
supervising  inspectors;  inspectors  of  the  sixth  grade,  of  whom 
there  shall  be  not  less  than  three  and  one  of  whom  shall  be  a 
woman,  shall  act  as  medical  inspectors  and  shall  each  receive  an 
annual  salary  of  two  thousand  five  hundred  dollars;  inspectors 
of  the  seventh  grade,  of  whom  there  shall  not  be  less  than  four, 
shall  each  receive  an  annual  salary  of  three  thousand  five  hundred 
dollars ;  all  of  the  inspectors  of  the  sixth  grade  shall  be  physicians 
duly  licensed  to  practice  medicine  in  the  state  of  New  York. 
Of  the  inspectors  of  the  seventh  grade  one  shall  be  a  physician 
duly  licensed  to  practice  medicine  in  the  state  of  New  York, 
and  shall  be  the  chief  medical  inspector;  one  shall  be  a  chemical 
engineer;  one  shall  be  a  mechanical  engineer,  and  an  expert  in 
ventilation  and  accident  prevention ;  and  one  shall  be  a  civil  en- 
gineer, and  an  expert  in  fire  prevention  and  building  construction. 


Appendix  I  —  Bills  Scbmitted  to  the  Legislatuee     101 

2.  Mercantile  inspectors.  The  commissioner  of  labor  may  ap- 
point from  time  to  time  not  more  than  twenty  mercantile  inspec- 
tors not  less  than  four  of  whom  shall  be  women  and  who  may 
bo  remoA'ed  by  him  at  any  time.  The  mercantile  inspectors  may 
be  divided  into  three  grades  but  not  more  than  five  shall  be  of 
the  third  grade.  Each  mercantile  inspector  of  the  first  grade 
shall  receive  an  annual  salary  of  one  thousand  dollars;  of  the 
second  grade  an  annual  salary  of  one  thousand  two  hundred 
dollars ;  and  of  the  third  grade  an  annual  salary  of  one  thousand 
five  hundred  dollars.]  The  commissioner  shall  appoint  and  may 
remove  the  following  officers  and  assistants  who  shall  have  the 
qualifications  and  receive  the  annual  salaries  herein  stated  after 
their  respective  names  of  office: 

1.  A  first  deputy  commissioner,  who  shall  be  the  inspector  gen- 
eral, five  thousand  dollars. 

2.  A  second  deputy  commissioner,  who  shall  he  the  chief  medi- 
ator, forty-five  hundred  dollars. 

3.  A  counsel,  who  shall  he  an  attorney  and  counsellor-at-law  of 
this  state,  four  thousand  dollars. 

Ji..  Assistants  to  the  counsel,  who  shall  he  attorneys  and  counsel- 
lors-at-law  of  this  state,  such  sum  as  may  he  appropriated  therefor. 

5.  A  chief  statistician,  such  sum  as  may  he  appropriated  there- 
for. 

6.  A  chief  investigator,  who  shall  he  the  head  of  the  hureau  of 
industries  and  immigration,  such  sum  as  may  he  appropriated 
therefor. 

7.  A  director,  who  shall  he  the  head  of  the  hureau  of  employ- 
ment, such  sum  as  may  he  appropriated  therefor. 

8.  A  superintendent  of  each  puhlic  employment  office  estab- 
lished by  the  commissioner,  such  sum  as  may  be  appropriated 
therefor. 

9.  Two  chief  factory  inspectors,  each  four  thousand  dollars. 

10.  A  chief  mercantile  inspector,  not  exceeding  four  thousand 
dollars. 

11.  Not  less  than  one  hundred  and  twenty-five  factory  itv- 
spcctors,  of  whom  not  more  than  thirty  shall  he  women,  divided 
into  seven  grades  as  follows: 

a.  Not  more  than  ninety- five  of  the  first  grade,  each  twelve 
hundred  dollars. 

h.  Not  more  than  fifty  of  the  second  grade,  each  fifteen  hun 
dred  dollars. 


102     Appendix  I  —  Bills  Submitted  to  the  Legislature 

c.  Not  more  than  twenty-five  of  the  third  grade,  each  eigh- 
teen hundred  dollars. 

d.  Not  more  than  ten  of  the  fourth  grade,  each  two  thou- 
sand dollars. 

e.  Not  more  than  nine  of  the  fifth  grade,  each  twenty-five 
hundred  dollars. 

f.  Not  less  than  three  of  the  sixth  grade,  one  of  whom  shall 
be  a  woman  and  all  of  whom  shall  he  physicians  duly  licensed 
to  practice  medicine  in  this  state,  each  twenty- five  hundred 
dollars. 

g.  Not  less  than  four  of  the  seventh  grade,  one  of  whom 
shall  be  a  physician  duly  licensed  to  practice  medicine  in  this 
state,  one  a  chemical  engineer,  one  a  mechanical  engineer  and 
an  expert  in  ventilation  and  accident  prevention,  and  one  a 
civil  engineer  and  an  expert  in  fire  prevention  and  building 
construction,  each  thirty-five  hundred  dollars. 

1^.  Not  less  than  twenty  mercantile  inspectors,  of  whom  not 
less  than  four  shall  be  women,  divided  into  two  grades  as  follows: 

a.  The  first  grade,  twelve  hundred  dollars. 

b.  The  second  grade,  fifteen  hundred  dollars. 

IS.  Such  number  of  special  investigators  as  may  be  necessary  to 
carry  into  effect  the  powers  of  the  bureau  of  industries  and  immi- 
gration, divided  into  two  grades  as  follows: 

a.  The  first  grade,  twelve  hundred  dollars. 

b.  The  second  grade,  fifteen  hundred  dollars. 

IJf^.  All  other  officers,  clerks,  assistants  and  employees  in  the  de- 
partment except  as  in  this  chapter  otherwise  provided. 

Note. — The  sections  in  the  old  law  from  which  provisions  have  been  trans- 
ferred to  this  section  are  as  follows:  deputies,  §  41;  counsel  and  assistants  to 
the  counsel,  §  48;  chief  statistician,  §  75;  chief  investigator,  §  151;  chief 
factory  inspectors,  §  55;  chief  mercantile  inspector,  §  58;  director  and  super- 
intendents of  employment  bureau,  §§  66,  66c;  factory  inspectors,  §  54,  sub.  1; 
mercantile  inspectors,  §  54,  sub.  2;  special  investigator,  §  152;  all  other 
officers,  §  40. 

The  provision  of  §  54  that  inspectors  of  the  fifth  grade  shall  act  as  super- 
vising inspectors  is  in  §  73  of  the  new  law.  The  provision  that  inspectors 
of  the  sixth  grade  shall  act  as  medical  inspectors  is  in  §  83  of  the  new  law. 

Change  in  substance  in  subdivision  12:  not  less  than  twenty  instead  of  not 
more  than  twenty  mercantile  inspectors. 

Two  grades  of  mercantile  inspectors  instead  of  three,  to  conform  to  present 
practice  in  department. 

§  [50]  12.  Industrial  board;  [organization]  appointment  and 
salaries.  [!•]  There  shall  be  an  industrial  board,  to  consist 
of  the  commissioner  [of  labor,]  who  shall  bo  chairman  [of  the 


Appendix  I  —  Bills  Submitted  to  the  Legislatuke     103 

board,,]!  and  four  [associate]  members  who  [The  associate  mem- 
bers], shall  be  appointed  by  the  governor  [by  and]  with  the  con- 
sent [and.  advice]  of  the  senate.  Of  the  [associate]  members 
other  than  the  commissioner  first  appointed,  one  shall  hold  office 
until  December  first,  nineteen  hundred  and  fourteen,  one  until 
December  first,  nineteen  hundred  and  fifteen,  one  until  December 
first,  nineteen  hundred  and  sixteen,  and  one  until  December  first, 
nineteen  hundred  and  seventeen.  Upon  the  expiration  of  each 
of  said  terms,  the  term  of  office  of  each  [associate]  siich  member 
thereafter  appointed  shall  be  four  years  from  the  first  day  of 
December.  Vacancies  shall  be  filled  by  appointment  for  the  un- 
expired term.  The  [associate]  members  other  than  the  com- 
missioner, shall  each  receive  [a]  an  annual  salary  of  three  thous- 
and dollars  [a  year]  and  each  of  said  [associate]  members  shall 
be  paid  his  reasonable  and  necessary  traveling  and  other  expenses 
while  engaged  in  the  performance  of  his  duties  in  the  manner 
provided  in  section  [forty-four]  eighteen  of  this  chapter. 

[2.  The  board  shall  appoint  and  may  remove  a  secretary  who 
shall  receive  a  salary  to  be  fixed  by  the  board.  The  commissioner 
of  labor  shall  detail,  from  time  to  time,  to  the  assistance  of  the 
board,  such  employees  of  the  department  of  labor  as  the  board 
may  require.  In  aid  of  its  work,  the  board  is  empowered  to  em- 
ploy experts  for  special  and  occasional  services,  and  to  employ 
necessary  clerical  assistants.  The  counsel  to  the  department  of 
labor  shall  be  counsel  to  the  board  without  additional  compensa- 
tion. 

3.  The  board  shall  hold  stated  meetings,  at  least  once  a  month 
during  the  year  at  the  office  of  the  department  of  labor  in  the  city 
of  Albany  or  in  the  city  of  New  York  and  shall  hold  other  meet- 
ings at  such  times  and  places  as  the  needs  of  the  public  service 
may  require,  which  meetings  shall  be  called  by  the  chairman  or 
by  any  two  associate  members  of  the  board.  All  meetings  of  the 
board  shall  be  open  to  the  public.  The  board  shall  keep  minutes 
of  its  proceedings  showing  the  vote  of  each  member  upon  every 
question  and  records  of  its  examinations  and  other  official  action.] 

Note. —  Subdivision  2  of  §  50,  except  the  last  sentence,  is  made  new  §  65. 
The  last  sentence  of  subdivision  2  of  §  50  is  in  new  §  66.  Subdivision  3  of 
§  50  is  in  new  section  25, 

%  13.  Seal.  The  industrial  hoard  may  adopt  a  seal  and  require 
that  it  he  used  for  the  authentication  of  the  hoard's  orders  and 


104     Appendix  I  —  Bills  Submitted  to  the  Legtslatcre 

proceedings  and  for  such  oiher  purposes  as  the  hoard  mmj  pre- 
scribe.    The  courts  shall  take  judicial  notice  of  such  seal  and  of 
the  signatures  of  the  chairmmi  and  secretary  of  the  hoard. 
Note. —  New  section. 

§  Ut-.  Badges.  The  industrial  hoard  may  procure  badges  for 
its  members  and  secretary  and  for  its  subordinates  and  require 
them  to  be  worn  by  its  subordiivates  while  in  the  'performance  of 
their  duties. 

Note. —  New  section, 

§  15.  Industrial  board;  secretary  and  assistants.  The  board 
shall  appoint  and  may  remove  a  secretary  and  shall  fix  his  salary. 
In  the  performance  of  its  duties  the  hoard  may  employ  experts 
for  special  and  occasional  services  and  necessary  clerical  assistants 
and  such  inspectors  and  investigators  as  it  may  need  to  carry  out 
its  functions.  The  commissioner  shall  detail,  from  time  to  time, 
to  the  assistance  of  the  board,  such  employees  of  the  department 
as  the  board  may  require. 

Note. —  Taken  from  old  §  50,  sub.  2.  Power  to  appoint  inspectors  and 
investigators,  new. 

§  [42];  16.  Bureaus.  The  department  [of  labor]  shall  have 
[five]  the  following  bureaus  ][as  follows] :  Inspection ;  statistics 
and  information;  [employment]  mediation  and  arbitration; 
[and]  industries  and  immigration^  employment  and  [There  shall 
be]  such  other  bureaus  [in  the  department  of  labor]  as  the  com- 
missioner [of  labor]  may  deem  necessary.  Each  bureau  and 
division  of  the  department  and  the  persons  in  charge  thereof  shall 
he  subject  to  the  supervision  and  direction  of  the  commissioner, 
and  in  addition  to  their  respective  duties  as  prescribed  by  this 
chapter,  shall  perform  such  other  duties  as  may  be  assigned  to 
them  by  the  commissioner. 

Note. —  Last  sentence  added  to  cover  frequent  repetitions. 

§  [45]  1 7.  Branch  offices.  The  commissioner  [of  labor]  shall 
establish  and  maintain  branch  offices  of  the  department  in  [the 
city  of]  New  York  city  and  in  such  other  cities  of  the  state  as  he 
may  deem  advisable.  [Such  b]Sranch  offices  shall,  subject  to  the 
supervision  and  direction  of  the  commissioner  [of  labor],  be  in 
immediate  charge  of  such  officials  or  employees  as  the  commis- 


Appendix  I  —  Bills  Submitted  to  the  Legislatuee     105 

si  oner  [of  labor]  may  designate.  [The  reasonable  and  neces- 
sary expenses  of  such  offices  shall  be  paid  as  are  other  expenses 
of  the  commissioner  of  labor.] 

§  [44]  18.  [Salaries  and  e]-£'xpenses.  All  necessary  expenses 
incurred  by  the  commissioner  [of  labor]  and  the  industrial  board 
in  the  discharge  of  [his]  their  duties  shall  be  paid  by  the  state 
treasurer  upon  the  warrant  of  the  comptroller  issued  upon  proper 
vouchers  therefor.  The  reasonable  and  necessary  traveling  and 
other  expenses  of  the  members  of  the  industrial  hoard,  the 
deputy  commissioners,  [their  assistants,]  the  [agents  and] 
statisticians,  the  chief  factory  inspectors,  tlie  factory  inspectors, 
industrial  board  inspectors  and  investigators,  chief  investigator, 
the  special  investigators,  the  chief  mercantile  inspector,  mercan- 
tile inspectors,  and  other  [field]:  officers,  clerics,  assistants  and 
employees  of  the  department  while  engaged  in  the  performance 
of  their  duties  shall  be  paid  in  like  manner  upon  vouchers  ap- 
proved by  the  commissioner  [of  labor]  and  audited  by  the  comp- 
troller. 

Note. —  The  last  sentence  of  old  §  50,  sub.  1,  in  relation  to  the  members  of 
the  industrial  board  has  been  covered  by  this  section. 

[ARTICLE  3-A.]  '^itle  ii.  industrial  board;  powers  and 

DUTIES. 

[Section  50.  Industrial  board;  organization. 

51.  Jurisdiction  of  board. 

52.  Rules  and  regulations;  industrial  code.] 

§  25.  Meetings  of  hoard.  The  industrial  board  shall  hold  stated 
meetings,  at  least  once  a  month  at  the  office  of  the  department  in 
Albany  or  in  New  York  city,  and  shall  hold  other  meetings  when 
and  where  called  by  the  chairman  or  two  members  of  the  board. 
All  meetings  of  the  board  shall  be  open  to  the  public.  The  board 
shall  keep  records  of  its  investigations  and  other  official  actions, 
and  minutes  of  its  proceedings  showing  the  vote  of  each  member 
upon  every  question. 

Note. —  Taken  from  old  §  50,  sub.  3. 

§  [51.  Jurisdiction  of  board.]  26.  Investigations,  [The  board 
shall  have  power:  (1)  To  make  investigations  concerning  and 
report  upon  all  matters  touching  the  enforcement  and  effect  of 


106     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

the  provisions  of  this  chapter  and  the  rules  and  regulations  made 
by  the  board  thereunder,  and  in  the  course  of  such  investigations, 
each  member  of  the  board  and  the  secretary  shall  have  power  to 
administer  oaths  and  take  affidavits.  Each  member  of  the  board 
and  the  secretary  shall  have  power  to  make  personal  inspections 
of  all  factories,  factory  buildings,  mercantile  establishments  and 
other  places  to  which  this  chapter  is  applicable. 

(2)  To  subpoena  and  require  the  attendance  in  this  state  of 
witnesses  and  the  production  of  books  and  papers  pertinent  to 
the  investigations  and  inquiries  hereby  authorized  and  to  examine 
them  in  relation  to  any  matter  which  it  has  power  to  investigate, 
and  to  issue  commissions  for  the  examination  of  witnesses  who 
are  out  of  the  state  or  unable  to  attend  before  the  board  or  excused 
from  attendance. 

(3)  To  make,  alter,  amend  and  repeal  rules  and  regulations  for 
carrying  into  effect  the  provisions  of  this  chapter,  applying  such 
provisions  to  specific  conditions  and  prescribing  specific  means, 
methods  or  practices  to  effectuate  such  provisions. 

(4)  To  make,  alter,  amend  or  repeal  rules  and  regulations  for 
guarding  against  and  minimizing  fire  hazards,  personal  injuries 
and  disease,  with  respect  to  (a)  the  construction,  alteration,  equip- 
ment and  maintenance  of  factories,  factory  buildings,  mercantile 
establishments  and  other  places  to  which  this  chapter  is  applicable, 
including  the  conversion  of  structures  into  factories  and  factory 
buildings;  (b)  the  arrangement  and  guarding  of  machinery  and 
the  storing  and  keeping  of  property  and  articles  in  factories,  factory 
buildings  and  mercantile  establishments ;  (c)  the  places  where  and 
the  methods  and  operations  by  which  trades  and  occupations  may 
be  conducted  and  the  conduct  of  employers,  employees  and  other 
persons  in  and  about  factories,  factory  buildings  and  mercantile 
establishments ;  it  being  the  policy  and  intent  of  this  chapter  that 
all  factories,  factory  buildings,  mercantile  establishments  and 
other  places  to  which  this  chapter  is  applicable,  shall  be  so  con- 
structed, equipped,  arranged,  operated  and  conducted  in  all  re- 
spects as  to  provide  reasonable  and  adequate  protection  to  the 
lives,  health  and  safety  of  all  persons  employed  therein  and  that 
the  said  board  shall  from  time  to  time  make  such  rules  and  regula- 
tions as  will  effectuate  the  said  policy  and  intent. 

§  52.  Rules  and  regulations;  industrial  code.  1.  The  rules  and 
regulations  adopted  by  the  board  pursuant  to  the  provisions  of  this 


Appendix  I  —  Bills  Submitted  to  the  Legislature     107 

chapter  shall  have  the  force  and  effect  of  law  and  shall  be  enforced 
in  the  same  manner  as  the  provisions  of  this  chapter.  Such  rules 
and  regulations  may  apply  in  whole  or  in  part  to  particular  kinds 
of  factories  or  workshops,  or  to  particular  machines,  apparatus  or 
articles;  or  to  particular  processes,  industries,  trades  or  occupa- 
tions; and  they  may  be  limited  in  their  application  to  factories 
or  workshops  to  be  established,  or  to  machines,  apparatus  or  other 
articles  to  be  installed  or  provided  in  the  future. 

2.  At  least  three  affirmative  votes  shall  be  necessary  to  the  adop- 
tion of  any  rule  or  regulation  by  the  board.  Before  any  rule  or 
regulation  is  adopted,  altered,  amended  or  repealed  by  the  board 
there  shall  be  a  public  hearing  thereon,  notice  of  which  shall  be 
published  not  less  than  ten  days,  in  such  newspapers  as  the  board 
may  prescribe.  Every  rule  or  regulation  and  every  act  of  the 
board  shall  be  promptly  published  in  bulletins  of  the  department 
of  labor  or  in  such  newspapers  as  the  board  may  prescribe.  The 
rules  and  regulations,  and  alterations,  amendments  and  changes 
thereof  shall,  unless  otherwise  prescribed  by  the  board,  take  effect 
twenty  days  after  the  first  publication  thereof. 

3.  The  rules  and  regulations  which  shall  be  in  force  on  the 
first  day  of  January,  nineteen  hundred  and  fourteen,  and  the 
amendments  and  alterations  thereof,  and  the  additions  thereto, 
shall  constitute  the  industrial  code.  The  industrial  code  may 
embrace  all  matters  and  subjects  to  which  and  so  far  as  the  power 
and  authority  of  the  department  of  labor  extends  and  its  applica- 
tion need  not  be  limited  to  subjects  enumerated  in  this  article. 
The  industrial  code  and  all  amendments  and  alterations  thereof 
and  additions  thereto  shall  be  certified  by  the  secretary  of  the  board 
and  filed  with  the  secretary  of  state.]  The  hoard  shall  have  power 
to  make  investigations  concerning  and  report  upon  the  conditions 
of  labor  generally  and  upon  all  matters  relating  to  the  enforcement 
and  effect  of  the  provisions  of  this  chapter  and  the  rules  of  the 
hoard.  Each  member  of  the  hoard  and  the  secretary  shall  have 
power  to  administer  oaths  and  take  affidavits  and  to  make  per- 
sonal inspections  of  all  places  to  which  this  chapter  applies.  The 
hoard  shall  have  power  to  subpoena  and  require  the  attendance  of 
witnesses  and  the  production  of  books  and  papers  pertinent  to  the 
investigations  and  inquiries  hereby  authorized,  and  to  examine 
them  in  relation  to  any  matter  which  it  has  power  to  investigate, 
and  to  issu£  commissions  for  the  examination  of  witnesses  who  are 


108     Appendix  I  —  Bills  Submitted  to  the  Legislature 

oiU  of  the  state  or  unable  to  attend  hefore  the  hoard,  or  excused 
from  attendance. 

Note. —  First  sentence  taken  from  §  51,  sub.  1.  The  remainder  taken  from 
§  51,  Bub.  2.  Section  51,  sub.  3,  is  made  new  §  27,  sub.  1.  Section  51,  sub. 
4,  is  made  new  §  27,  sub.  2.  Section  52,  first  sentence,  is  made  new  §  27, 
sub.  4.  Section  52,  sub.  1,  second  sentence  made  new  §  27,  sub.  3.  Section  52, 
sub.  2,  covered  by  new  §  28;  also  §  52,  sub.  3,  first  sentence.  Section  52,  sub.  3, 
second  sentence  covered  by  new  §  27.  Section  52,  sub.  3,  third  sentence, 
covered  by  new  §  28. 

§  27.  Enactment  of  rules.  1.  The  hoard  shall  have  power  to 
make,  amend  and  repeal  rules  for  carrying  into  effect  the  pro- 
visions of  this  chapter,  applying  such  provisions  to  specific 
conditions  and  prescribing  means,  methods  or  practices  to 
effectuate  such  provisions,  and  may  amend  or  repeal  rules  and 
regulations  heretofore  prescribed  by  the  commissioner  with  refer- 
ence  to  mines,  tunnels  and  quarries  and  employment  in  com- 
pressed air.  Such  rules  and  regulations  heretofore  prescribed  by 
the  commissioner  shall  continue  in  force  until  amended  or  re- 
pealed by  the  industrial  board. 

2.  The  hoard  shall  have  power  to  make,  amend  and  repeal  rules 
for  proper  sanitation  in  all  places  to  which  this  chapter  applies, 
and  for  guarding  against  and  minimizing  fire  hazards,  personal  in- 
juries and  diseases  in  all  places  to  which  this  chapter  applies  with 
respect  to 

a.  The  construction,  alteration,  equipment  and  maintenance 
of  all  such  places,  including  the  conversion  of  structures  into 
factories,  factory  buildings  and  mercantile  establishments; 

h.  The  arrangement  and  guarding  of  machinery  and  the 
storing  and  keeping  of  property  and  articles; 

c.  The  places  where  and  the  methods  and  operations  by 
which  trades  and  occupations  may  he  conducted  and  the  con- 
duct of  employers,  employees  and  other  persons; 

It  being  the  policy  and  intent  of  this  chapter  that  all  places  to 
which  it  applies  shall  he  so  constructed,  equipped,  arranged, 
operated  and  conducted  in  all  respects  as  to  provide  reasonable 
and  adequate  protection  to  the  lives,  health  and  safety  of  all  per- 
sons employed  therein,  and  frequenting  the  same,  and  that  the 
board  shall  from  time  to  time  make  such  rules  as  will  effectuate 
such  policy  and  intent. 

3.  The  rules  may  be  limited  in  their  application  to  certain 
classes  of  establishments,  places  of  employment,  machines,  ap- 


Appendix  I  —  Bills  Submitted  to  the  Legislature     109 

paratus,  articles,  processes,  industries,  trades  or  occupations  or 
may  apply  only  to  those  to  he  constructed,  established,  indalled  or 
provided  in  the  future. 

Jf.  The  rules  of  the  hoard  shall  have  the  force  and  effect  of  law 
and  shall  he  enforced  in  the  same  manner  as  the  provisions  of  this 
chapter. 

5.  No  provision  of  thAs  chapter  specifically  conferring  power 
on  the  industrial  hoard  to  make  rules  shall  limit  the  powers  covr 
f erred  hy  this  section. 

Note. —  Sub.  1  is  taken  from  old  §  51,  sub.  3,  except  the  portion  relating  to 
mines  and  tunnels,  which  is  adapted  from  old  §  119.  Sub.  2  is  taken  from  §  51, 
sub.  4.  (See  also  Labor  Law,  §  81,  §  79-f,  sub.  11.)  Sub.  3  is  taken  from 
I  62,  Bub.  1.  Sub.  4  is  taken  from  §  52,  sub.  1.  Sub.  5  is  taken  from  §  52, 
■ub.  S. 

I  [99]  28,  Special  rules  for  [D]Jangerous  trades  and 
processes.  Whenever  the  industrial  board  [shall]  finds  [as  a 
result  of  its  investigations]  that  any  industry,  trade  or  occupa- 
tion or  process  [by  reason  of  the  nature  of  the  materials  used 
therein  or  the  products  thereof  or  by  reason  of  the  methods  or 
processes  or  machinery  or  apparatus  employed  therein  or  by 
reason  of  any  other  matter  or  thing  connected  with  such  industry, 
trade  or  occupation,  contains]  involves  such  elements  of  danger 
to  the  lives,  health  or  safety  of  persons  employed  therein  as  to 
require  special  regulation  for  the  protection  of  such  persons,  the 
[said]  board  shall  have  power  to  make  [such];  special  rules 
[and  regulations  as  it  may  deem  necessary]  to  guard  against 
such  elements  of  danger  by  establishing  requirements  as  to  tem- 
perature, humidity,  the  removal  of  dusts,  gases  or  fumes  and  re- 
quiring licenses  to  be  applied  for  and  issued  by  the  commissioner 
[of  labor]  as  a  condition  of  carrying  on  any  such  industry,  trade 
or  occupation  or  process  and  requiring  medical  inspection  and 
supervision  of  persons  employed  and  applying  for  employment, 
and  by  other  appropriate  means. 

§  29.  Procedure;  industrial  code.  The  rules  of  the  hoard  shall 
constitute  the  industrial  code.  At  least  three  affirmative  votes 
shall  he  necessary  for  the  adoption,  amendment  or  repeal  of  any 
rule.  Before  any  rule  is  adopted,  amended  or  repealed,  there  shall 
he  a  public  hearing  thereon,  notice  of  which  shall  he  published  at 
least  once,  not  less  than  ten  days  prior  th/^reto,  in  such  newspapers 
as  the  hoard  may  prescribe  and  in  the  city  of  New  YorTc  in  the 


110     Appendix  I  —  Bills  Submitted  to  the  Legislature 

City  Record.  Every  rule  adopted,  every  amendment  or  repeal 
thereof  and  every  act  of  the  hoard  shall  he  promptly  puhlished  in 
the  bulletins  of  the  department  and  in  the  City  Record  in  the  city 
of  New  York.  The  rules  and  all  amendments  and  repeals  thereof 
shall,  unless  otherwise  prescribed  by  the  hoard,  take  effect  twenty 
days  after  the  first  publication  thereof,  and  every  rule  and  every 
amendment  or  repeal  thereof  shall  be  certified  by  the  secretary  of 
the  hoard  and  filed  with  the  secretary  of  state. 

Note. —  The  first  sentence  is  taken  from  old  §  52,  sub.  3.  The  balance  of  the 
section  except  the  last  sentence  is  taken  from  §  52,  sub  2.  The  last  sentence 
is  taken  from  §  52,  sub.  3.  Provision  for  publication  in  City  Record,  New 
York  City,  is  new. 

§  30.  Variations.  If  there  shall  he  practical  difficulties  or  un- 
necessary hardship  in  carrying  out  any  provision  of  this  chapter, 
or  rule  adopted  by  the  industrial  hoard  thereunder,  affecting  the 
construction  or  alteration  of  buildings,  the  installation  of  fixtures 
and  apparatus,  or  the  safeguarding  of  machinery  and  prevention 
of  accidents,  the  industrial  hoard  shall  have  power  to  make  a  varia- 
tion from  such  requirements  if  the  spirit  of  the  jirovision  or  rule 
shall  he  observed  and  public  safety  secured.  Any  person  affected 
by  such  provision  or  rule,  or  his  agent,  may  petition  the  board 
for  such  variation  stating  the  grounds  therefor.  The  hoard  shall 
fix  a  day  within  a  reasonable  time  for  a  hearing  on  such  ])elition 
and  give  notice  thereof  to  the  petitioner  who  may  appear  in  person 
or  by  agent  or  attorney.  If  the  hoard  shall  permit  such  variation 
it  shall  be  in  the  form  of  a  resolution  and  such  variation  shall 
apply  to  all  buildings,  installations  or  conditions  where  the  facts 
are  substantially  the  same  as  those  stated  in  the  petition.  Such 
resolution  shall  contain  a  description  of  the  conditions  under  which 
such  variation  shall  he  permitted  and  shall  be  puhlished  in  the 
manner  provided  for  rules  of  the  hoard.  A  record  of  all  such 
variations  shall  he  kept  in  the  office  of  the  industrial  board  and 
shall  be  properly  indexed  under  section  numbers  of  the  law  or 
industrial  code  to  which  each  variation  applies,  and  shall  be  open 
to  public  inspection  during  business  hours. 

Note. —  This  provision  is  new  and  confers  on  the  industrial  board  sub- 
stantially the  same  powers  as  are  conferred  on  the  board  of  examiners  of 
buildings  by  §  410  of  the  Greater  New  York  charter. 

TITLE  III.   COMMISSIONER  OF  LABOR;  POWERS  AND  DUTIES. 

§  J^-O.  General  duty  to  enforce  labor  laws.  The  commissioner 
shall  enforce  all  the  provisions  of  this  chapter  and  the  rules  of 


Appendix  I  —  Bills  Submitted  to  the  Legislature     111 

the  industrial  hoard  except  as  in  this  chapter  otherwise  provided. 
He  may  also  enforce  any  lawful  municipal  ordinance,  by-law 
or  regulation  not  in  conflict  with  the  provisions  of  this  chapter 
or  the  rules  of  the  industrial  board  relating  to  any  place  affected 
by  the  provisions  of  this  chapter.  The  commissioner  may  call 
upon  other  state  or  local  officers  of  boards  or  departments  of 
health  to  secure  the  enforcement  of  the  provisions  of  this  chapter 
in  so  far  as  they  relate  to  establishments  other  than  factories 
specified  in  section  one  hundred  and  sixty,  and  for  that  purpose 
such  state  or  local  officers  or  boards  of  health  shall  have  all  of  the 
powers  conferred  upon  the  commissioner  by  this  chapter. 

Note. —  First  sentence  derived  from  clause  in  §§  21,  56,  49  and  120  of  the 
old  law.    Second  sentence  taken  from  old  §  59,  sub.  5.    Last  sentence  is  new. 

§  4^.  Power  to  enter  and  inspect  premises.  The  commissioner 
or  his  deputies  and  assistants  shall  inspect  every  place  which  is, 
or  which  they  may  have  reasonable  cause  to  believe  is,  affected  by 
the  provisions  of  this  chapter  and  he  and  his  depviies  and  assist- 
ants may,  in  the  discharge  of  their  duties,  enter  any  such  place. 

Note. —  Covers  various  provisions  scattered  through  the  law,  including 
§  56,  subs,  3  and  4;  §  59,  subs.  3  and  4;  §  64,  §  100,  sub.  5  and  §  136. 

§  ^2.  Examination  of  boohs  and  papers.  All  boohs,  papers, 
records  or  other  documents  required  to  be  hept  by  the  provisions 
of  this  chapter  or  the  rules  of  the  industrial  board,  shall  at  all 
times  be  open  to  the  inspection  of  the  commissioner,  his  deputies 
and  assistants,  and  the  person  in  charge  thereof  shall  afford  every 
reasonable  facility  for  their  examination  and  shall  furnish  a  copy 
thereof  when  demanded  by  the  commissioner. 

Note. — This  general  provision  covers  various  special  provisions  scattered 
through  the  law,  including  §  8-a,  sub.  4;  §  14,  second  sentence  from  the  end; 
§  100,  second  sentence  from  the  end. 

§  JfS.  Inspectors'  reports.  Every  person  acting  as  an  inspector 
for  the  department  shall  report  the  facts  and  conditions  observed 
or  discovered  by  him  in  the  course  of  every  inspection  made  by 
him  under  the  provisions  of  this  chapter.  The  commissioner  shall 
prescribe  the  form,  scope  and  the  manner  of  mahing  such  reports. 
The  reports  shall  be  filed  in  the  department. 
Note. —  General  provisions.    Substantially  new. 

§  |[64.  Information  to  be  furnished  upon  request.]  ^^.  Duty 
to  furnish  information  and  facilitate  department's  inspections. 


112     Appendix  I  —  Bills  Submitted  to  the  Legislature 

The  owner,  operator,  manager  or  lessee  of  any  [mine,  factory, 
workshop,  warehouse,  elevator,  foundry,  machine  shop  or  other 
manufacturing]  establishment[,]  or  place  ajfected  by  the  provi- 
sions of  this  chapter  or  [any]  his  agent,  superintendent,  subordi- 
nate, or  employee  [thereof,]  and  any  person  employing  or  direct- 
ing any  labor  affected  by  the  provisions  of  this  chapter,  shall,  when 
requested  by  the  commissioner  [of  labor,]  furnish  any  information 
in  his  possession  or  under  his  control  which  the  commissioner  is 
authorized  to  require,  shall  answer  truthfully  all  questions  put 
to  him  hy  the  commissioner  in  a  circular  or  otherwise,  [and] 
shall  admit  [him  or  his  duly  authorized  representative]  the  com- 
missioner or  his  deputies  or  assistants  to  any  place  which  is 
affected  by  the  provisions  of  this  chapter  for  the  purpose  of  malc- 
ing  inspection  or  enforcing  the  provisions  of  this  chapter  and  the 
rules  of  the  industrial  board,  and  shall  render  assistance  necessary 
for  a  proper  inspection.  [A  person  refusing  to  admit  such  com- 
missioner, or  person  authorized  by  him,  to  any  such  establishment, 
or  to  furnish  him  any  information  requested,  or  who  refuses  to 
answer  or  untruthfully  answers  questions  put  to  him  by  such  com- 
missioner, in  a  circular  or  otherwise,  shall  forfeit  to  the  people 
of  the  state  the  sum  of  one  hundred  dollars  for  each  refusal  or 
untruthful  answer  given,  to  be  sued  for  and  recovered  by  the  com- 
missioner in  his  name  of  office.  The  amount  so  recovered  shall 
be  paid  into  the  state  treasury.] 

Note. —  The  latter  part  of  §  54  omitted  from  this  section  is  covered  by 
new  §  405,  penalties  generally.  The  requirements  that,  the  owner  shall  assist 
the  inspectors  adapted  from  the  concluding  words  of  old  §  136.  The  section 
as  revised  from  §  64  also  covers  the  latter  portion  of  old  §  43,  sub.  2. 

§  J/.5,  Interference  with  department  prohibited.  No  person 
shall  interfere  with,  obstruct  or  hinder  by  force  or  otherwise  the 
commissioner,  his  deputies  or  assistants  or  any  member  of  the 
industrial  board  or  the  secretary  or  assistants  thereof,  while  in  the 
performance  of  their  duties. 

Note. —  Taken  from  old  §  43,  sub.  2. 

§  J^G.  Service  of  notice.  Whenever  the  department  or  commis- 
sioner, or  any  person  ajfected  by  the  provisions  of  this  chapter,  is 
required  or  authorized  by  this  chapter  or  any  rule  made  in  pursu- 
ance thereof  to  give  notice  in  writing  to  any  other  person,  such 
notice  may  be  given  by  mailing  it  in  a  letter  addressed  to  the 
person  to  whom  it  is  required  to  be  given  at  his  last  known 


Appendix  I  —  Bills  Submitted  to  the  Legislature     113 

residence  or  place  of  hicsiness  or  hy  delivering  it  personally  to 
such  person-  Notice  to  a  partnership  may  he  given  to  any  of  the 
partners  and  notice  to  a  corporation  may  he  given  to  any  agent 
of  the  corporation  upon  whom,  process  may  he  served,  or  to  uny 
officer  of  the  corporation,  or  to  any  agent  in  charge  of  the  husiness 
or  place  of  employment  conducted  hy  the  corporation.  Whenever 
the  department  or  commissioner  is  required  or  authorized  to  issue 
an  order  for  compliance  with  any  of  the  provisions  of  this  chapter, 
such  order  shall  he  served  in  the  manner  hereinbefore  specified 
for  the  service  of  notices  or  hy  delivering  it  personally  to  the  per- 
son to  whom  it  is  required  or  authorized  to  he  addressed,  or  to 
any  person  of  suitable  age  and  discretion  in  charge  of  the  premises 
affected  hy  such  order,  or  if  no  person  he  found  in  charge  of  the 
premises  then  hy  affixing  a  copy  of  such  order  prominently  upon 
the  premises. 

Note. —  Substantially  new  but  covering  various  provisions  of  the  law,  e.  g., 
§  127. 

§  J^l.  Reissuance  of  revoTced  licences.  Unless  otherwise  pro- 
vided hy  this  chapter,  the  commissioner  or  other  public  officer 
authorized  hy  this  chapter  to  cancel,  revoke  or  suspend  any  license 
or  certificate  granted  hy  him  may,  when  satisfied  that  the  reasons 
for  the  cancellation,  suspension  or  revocation  no  longer  exist,  re- 
issue such  license  or  certificate  and  it  shall  thereafter  he  of  the 
same  force  and  effect  as  a  new  license  duly  issued,  hut  only  for 
the  remainder  of  the  period  for  which  the  original  license  or  cer- 
tificate VMS  issued. 

Note. —  New  section. 

§  J^8.  Commissioner  to  keep  record  and  publish  bulletin  of 
licenses.  The  commissioner  shall  keep  a  record  of  all  licenses  or 
permits  or  certificates  issued  by  him  under  the  provisions  of  this 
chapter  or  any  rule  made  in  pursuance  thereof.  A  complete  list 
(1)  of  all  persons  and  places  holding  licenses,  certificates  or  per- 
mits, to  manufacture  in  tenement  houses,  to  increase  the  hours  of 
labor  of  women  in  canneries,  to  conduct  bakeries  and  to  exempt 
cellar  bakeries,  showing  the  name  and  address  of  the  owner  of  the 
licensed  place,  building  or  husiness,  the  address  of  the  licensed 
business  and  the  name  under  which  it  is  carried  on,  the  address  and 
place  of  husiness  of  the  licensee,  and  (2)  of  all  such  licenses,  cer- 


114     Appendix  I  —  Bills  Submitted  to  the  Legtslatuse 

tificates  or  permits  revoked,  suspended  or  cancelled  shall  he  pub- 
lished from  time  to  time  by  the  commissioner. 

Note. —  Adapted  from  the  last  sentence  of  old  §  106,  but  substantially  new. 

§  ^9.  Blanks  to  be  prepared.  Whenever  any  person  is  required 
by  the  provisions  of  this  chapter  or  any  rule  made  in  pursuance 
of  authority  granted  in  this  chapter  to  give  notice,  furnish  inr 
formation,  present  a  petition,  or  make  or  keep  any  report,  record, 
book,  paper  or  other  documentary  evidence  on  blanks  furnished 
by  the  department,  the  commissioner  shall  prepare  and  furnish 
such  blanks  free  of  charge  to  all  persons  applying  therefor. 

Note. —  New  in  form  to  cover  various  provisions  of  the  law. 

§  [46]50.  Annual  [R]reports.  The  commissioner  {[of 
labor]  shall  report  aimually  to  the  legislature  and  shall  include 
in  his  annual  report  or  make  separately  in  each  year  a  report  of 
the  operation  of  each  bureau  in  the  department,  and  the  report  of 
the  director  of  the  division  of  industrial  hygiene  of  the  bureau  of 
inspection. 

Note. — ■  The  new  matter  in  relation  to  the  report  of  the  director  of  the  di- 
vision of  industrial  hygiene  is  taken  from  §  60.  The  section  also  covers  the 
provisions  of  §§  145  and  156-a,  relating  to  the  bureau  of  mediation  and  arbi- 
tration. Also  covers  the  provisions  of  §  120,  in  relation  to  report  of  mines 
and  tunnels. 

§  51,  Seal.  The  commissioner  may  adopt  a  seal  for  the  de- 
partment and  require  that  it  be  used  for  the  authentication  of  the 
department's  orders  and  proceedings,  and  for  such  other  purposes 
as  he  may  prescribe.  The  courts  shall  take  judicial  notice  of  such 
seal  and  of  the  signatures  of  the  commissioner  and  the  deputy 
commissioners. 

Note. —  New.  Old  $  154,  however,  requires  subpoenas  to  be  under  the  seal 
of  the  department. 

§  52.  Badges.  The  com,missioner  may  procure  badges  for  him- 
self and  his  subordinates  and  require  them  to  be  worn  by  his  sub- 
ordinates while  in  the  performance  of  their  duties. 

Note. —  Taken  from  old  §  43,  sub.  4. 

§  [47]  53.  Destruction  of  old  records.  All  statistics  furnished 
to  and  all  complaints,  reports  and  other  documentary  mat-tor  re- 
ceived by  the  commissioner  [of  labor  pursuant  to  this  chapter  <k 


Appendix  I  —  Bills  Submitted  to  the  Legislature     115 

any  act  repealed  or  superseded  thereby]  may  be  destroyed  [by 
such  comniissioncr]  after  the  expiration  of  six  years  from  the 
time  of  the  receipt  thereof. 

§  SJf..  Department's  process  to  he  in  commissioner  s  name.  All 
notices,  orders  and  directions  of  any  officer,  agent  or  employee  of 
the  department  other  than  the  industrial  hoard  given  in  accord- 
ance with  this  chapter  are  subject  to  the  approval  of  the  commis- 
sioner and  may  he  performed  or  given  hy  and  in  his  name  hy  any 
officer  or  employee  of  the  department  thereunto  duly  authorized  hy 
him. 

Note. —  Taken  from  old  §  43,  sub.  3. 

§  [4^]  ^^'  [Powers]  Oaths  and  affidavits.  [1,]  The  commis- 
sioner ][of  labor],  his  deputies  [and  their]  and  assistants  [and 
each  agent,  chief  factory  inspector,  factory  inspector,  mine  in- 
spector, tunnel  inspector,  chief  investigator,  special  investigator, 
chief  mercantile  inspector,  and  mercantile  inspector]  may  ad- 
minister oaths  and  take  affidavits  in  matters  relating  to  the  pro- 
visions of  this  chapter. 

[2.  No  person  shall  interfere  with,  obstruct  or  hinder  by 
force  or  otherwise  the  commissioner  of  labor,  any  member  of  the 
industrial  board,  or  any  officer,  agent  or  employee  of  the  depart- 
ment of  labor  while  in  the  performance  of  their  duties,  or  refuse 
to  properly  answer  questions  asked  by  such  officers  or  employees 
pertaining  to  the  provisions  of  this  chapter,  or  refuse  them  ad- 
mittance to  any  place  which  is  affected  by  the  provisions  of  this 
chapter. 

3.  All  notices,  orders  and  directions  of  any  officer,  agent  or 
employee  of  the  department  of  labor  other  than  the  commissioner 
of  labor  or  the  industrial  board  given  in  accordance  with  this 
chapter  are  subject  to  the  approval  of  the  commissioner  of  labor, 
and  may  be  performed  or  given  by  and  in  the  name  of  the  com- 
missioner of  labor  and  by  any  officer  or  employee  of  the  depart- 
ment thereunto  duly  authorized  by  such  commissioner  in  the  name 
of  such  commissioner. 

4.  The  commissioner  of  labor  may  procure  and  cause  to  be  used 
badges  for  himself  and  his  subordinates  in  the  department  of  labor 
while  in  the  performance  of  their  duties.] 

Note. —  Section  43,  sub.  2,  is  covered  by  new  §§44  and  45.  Section  43,  sub 
3,  ia  covered  by  new  §  54.    Section  43,  siib.  4,  is  covered  by  nov?  §  52. 


116     Appendix  I  —  Bills  Submitted  to  the  Legislatuke 

§  56.  Hearings  and  subpoenas.  The  commissioner  or  any  of 
his  deputies  or  assistants  duly  designated  by  him  shall  have  power 

1.  To  issue  subpoenas  for  and  compel  the  attendance  of  wit- 
nesses and  the  production  of  books,  contracts,  papers,  documents 
and  other  evidence; 

2.  To  hear  testimony  and  take  or  cause  to  be  taken  deposi- 
tions of  witnesses  residing  within  or  without  this  state  in  the  manr 
ner  prescribed  by  law  for  like  depositions  in  civil  actions  in  the 
supreme  court. 

Subpoenas  and  commissions  to  take  testimony  shall  be  issued 
under  the  seal  of  the  department. 

Note. —  Taken  in  part  from  old  §  154  and  made  general. 

§  [154]  57.  Proceedings  before  [the  commissioner  of  labor.] 
deputies  or  assistants.  Any  investigation,  inquiry  or  hearing 
which  the  commissioner  [of  laborj  has  power  to  undertake  or  to 
hold  may  by  his  special  authorization  [from  the  commissioner  of 
labor,]  be  undertaken  or  held  by  or  before  [the  chief  investigator, 
or  any  official  whom  he  may  designate,]  any  of  his  deputies  or 
assistants  and  any  decision  rendered  on  such  investigation,  inquiry 
or  hearing,  when  approved,  and  confirmed  by  the  commissioner 
and  ordered  filed  in  his  office,  shall  [be  and  be  deemed  to]  be  the 
order  of  the  commissioner.  [All  hearings  before  the  commis- 
sioner or  chief  investigator  or  official  duly  designated  therefor  shall 
be  governed  by  rules  to  be  adopted  and  prescribed  by  the  com- 
missioner. The  commissioner  or  chief  investigator  or  official  duly 
designated  therefor  shall  not  be  bound  by  technical  rules  of  evi- 
dence, and  shall  have  the  power  to  subpoena  any  witness  or  any 
person,  and  to  examine  all  books,  contracts,  records  and  docu- 
ments of  any  person  or  corporation  and  by  subpoena  duces  tecum 
to  compel  production  thereof,  and  to  effect  as  far  as  practicable 
an  amicable  settlement  or  adjustment  of  any  such  complaint. 
Such  subpoena  shall  be  issued  by  the  commissioner  or  chief  in- 
vestigator under  the  seal  of  the  department  of  labor.  No  person 
shall  be  excused  from  testifying  or  from  producing  any  books  or 
papers  on  any  investigation  or  inquiry  by  or  upon  any  hearing 
before  the  commissioner  or  chief  investigator,  or  official  duly  desig- 
nated thereof,*  when  ordered  to  do  so,  upon  the  ground  that  the 
testimony  or  evidence,  books  or  documents  required  of  him  may 
tend  to  incriminate  him  or  subject  him  to  a  penalty  or  forfeiture, 
but  no  person  shall  be  prosecuted,  punished  or  subjected  to  any 


Appendix  I  —  Bills  Submitted  to  the  Legislature     117 

penalty  or  forfeiture,  for  or  on  account  of  any  act,  transaction, 
matter  or  thing,  concerning  which  he  shall  under  oath  have  testi- 
fied or  produced  documentary  evidence;  provided,  however,  that 
no  person  so  testifying  shall  be  exempt  from  prosecution  or  punish- 
ment for  any  perjury  committed  by  him  in  his  testimony.] 

Note. —  The  provision  of  old  §  154  that  hearings  shall  be  governed  by  the 
rules  adopted  by  the  commission  and  not  subject  to  technical  rules  of  evidence 
is  new  §  48.  The  provision  of  §  154  for  hearing  testimony  and  subpoenaing 
witnesses  is  new  §  46.  The  last  sentence  of  §  154  in  relation  to  immunity 
from  prosecution  has  not  been  re-enacted. 

§  58.  Rules  governing  hearings.  The  commissioner  or  his 
deputy  or  assistant  duly  designated  therefor  shall  not  he  hound 
by  technical  rules  of  evidence  and  shall  conduct  all  hearings  ac- 
cording to  rules  prescribed  by  the  commissioner. 

Note. —  Taken  from  first  and  second  sentences  of  old  §  154, 

TITLE  IV.     SUBORDINATE  OFFICERS;  POWERS  AND  DUTIES. 

[§  41]  65.  [Deputy  commissioners.]  Powers  and  duties  of 
deputies.  Whenever,  in  this  chapter,  authority  is  conferred  upon 
the  commissioner  it  shall,  except  as  to  appointments  and  removals, 
include  his  deputies  or  a  deputy  acting  under  his  direction.  [The 
commissioner  of  labor  shall  forthwith  upon  entering  upon  the 
duties  of  his  office,  appoint  and  may  at  pleasure  remove  two 
deputy  commissioners  of  labor.  The  first  deputy  commissioner 
shall  receive  a  salary  of  five  thousand  dollars  a  year;  the  second 
deputy  commissioner  shall  receive  a  salary  of  four  thousand  five 
hundred  dollars  a  year.  The  first  deputy  commissioner  of  labor 
shall,  during] 

During  the  absence  or  disability  of  the  commissioner  [of 
labor,]  the  first  deputy  commissioner  shall  possess  all  the  powers 
and  perform  all  the  duties  of  the  commissioner  except  the  power 
of  appointment  and  removal.  During  the  absence  or  disalbility 
of  both  the  commissioner  [of  la!bor]  and  the  first  deputy  com- 
missioner [of  labor,]  the  second  deputy  commissioner  shall  possess 
all  the  powers  and  perform  all  the  duties  of  the  commissioner  ex- 
cept the  power  of  appointment  and  removal.  In  case  of  a  vacancy 
in  the  office  of  commissioner  the  deputy  commissioner  acting  as 
commissioner  shall  have  the  power  of  appointment  and  removal. 
In  addition  to  their  duties  and  powers  as  prescribed  by  the  pro- 
visions of  this  chapter,  the  deputy  conoimissi oners  [of  labor]  shall 


118     Appendix  I  —  Bills  Submitted  to  the  Legislature 

perform  such  other  duties  and  possess  such  other  powers  as  the 
commissioner  [of  labor]  may  prescribe. 

Note. —  The  first  sentence  is  taken  from  labor  law,  §  2,  last  paragraph. 
The  provisions  of  old  f  41,  in  relation  to  appointment  and  salaries  of  deputies, 
i«  in  new  §  11. 

§  [48  J65.  Duties  of  counsel.  [The  commissioner  of  labor  shall 
appoint  and  may  at  pleasure  remove  counsel  who  shall  be  an  at- 
torney and  counsellor  at  law  of  the  state  of  New  York  to]  The 
counsel  of  the  department  shall  represent  the  department  [of 
labor]  and  [to]  take  charge  of  and  assist  in  the  prosecution  of 
actions  and  proceedings  brought  by  or  on  behalf  of  fhe  commis- 
sioner [of  labor]  or  the  department  [of  labor],  and  generally 
[to]  shall  act  as  legal  adviser  to  the  commissioner  and  the  in- 
diuitrial  hoard.  [Such  counsel  shall  receive  a  salary  of  four  thou- 
sand dollars  a  year.  The  commissioner  of  labor  shall  have  power 
Lo  appoint  and  at  pleasure  remove  attorneys  and  counsellors  at 
law  to]  The  assistants  to  the  counsel  shall  assist  the  counsel  in  the 
performance  of  his  duties  [who  shall  receive  such  compensation 
as  may  be  provided  by  law]. 

Note. —  The  provisions  of  old  §  48,  relating  to  appointment  and  compensa- 
tion of  counsel  and  assistants  is  in  new  §  11.  The  provision  that  counsel 
shall  act  as  legal  adviser  to  the  industrial  board  is  taken  from  old  §  50, 
sub.  2. 

FARTICLE  4.T      TITLE  V.      BUREAU  OF  INSPECTION. 

[Section  53.  Bureau  of  inspection ;  inspector  general ;   divisions. 

54.  Inspectors. 

55.  Division  of  factory  inspection;    factory  inspection 

districts;    chief  factory  inspectors. 

56.  Idem;   general  powers  and  duties. 

57.  Division  of  homework  inspection. 

58.  Division  of  mercantile  inspection. 

59.  Idem ;  general  powers  and  duties. 

60.  Division  of  industrial  hygiene. 

61.  Section  of  medical  inspection.] 

§  [53]70.  Bureau  of  inspection;  [inspector  general;]  divi- 
sions. The  bureau  of  inspection[,  subject  to  the  supervision  and 
direction  of  the  commissioner  of  labor,]  shall  have  charge  of  all 
inspections  made  pursuant  to  the  provisions  of  this  chapter,  [and 
shall  perform  such  other  duties  as  may  be  assigned  to  it  by  the 
commissioner  of  labor.     The  first  deputy  commissioner  of  labor 


Appendix  I  —  Bills  Submitted  to  the  Leqislatuke     119 

shall  be  the  inspector  general  of  the  state,  and  in  charge  of  this 
bureau  subject  to  the  direction  and  supervision  of  the  commis- 
sioner of  labor,  except  that  the  division  of  industrial  hygiene  shall 
be  under  the  immediate  direction  and  supervision  of  the  commis- 
sioner of  labor.  Such]  This  bureau  shall  have  [four]  the 
following  divisions  [as  follows] :  factory  inspection,  [homework 
inspection]  mercantile  inspection,  homework  inspection,  [and] 
industrial  hygiene,  and  [There  shall  be]  such  other  divisions 
[in  such  bureau]  as  the  commissioner  [of  labor]  may  deem 
necessary.  [In  addition  to  their  respective  duties  as  prescribed 
by  the  provisions  of  this  chapter,  such  divisions  shall  perform 
such  other  duties  as  may  be  assigned  to  them  by  the  commissioner 
of  labor.] 

Note. —  The  provision  of  old  §  53  that  the  first  deputy  shall  be  the  in- 
spector general  for  the  state  ia  in  new  §  71.  The  provisions  of  old  §  53  in 
relation  to  the  performance  of  and  duties  as  assigned  by  the  commission  are 
in  new  §  16. 

§  71.  Inspector  general.  The  first  deputy  commissioner  shall 
he  the  inspector  general,  and  shall  have  charge  of  the  bureau  of 
inspection. 

Note. —  Taken  from  old  §  53,  second  sentence. 

§  [55]7^.  [Division  of  factory  inspection;  f]i^actory  inspec- 
tion districts;  chief  factory  inspectors.  [For  the  inspection  of 
factories,  t]2'hero  shall  be  two  inspection  districts  to  be  known  as 
the  first  factory  inspection  district  and  the  second  factory  inspec- 
tion district.  The  first  [factory  inspection]  district  shall  include 
the  counties  of  New  York,  Bronx,  Kings,  Queens,  Richmond, 
Nassau  and  Suffolk.  The  second  [factory  inspection]  district 
shall  include  all  the  other  counties  of  the  state.  [There  shall  be 
two  chief  factory  inspectors  who  shall  be  appointed  by  the  com- 
missioner of  labor  and  who  may  be  removed  by  him  at  any  time 
and  each  of  whom  shall  receive  a  salary  of  four  thousand  dollars 
a  year.]  The  inspection  of  factories  in  each  [factory  inspec- 
tion] district  shall[,  subject  to  the  supervision  and  direction  of 
the  commissioner  of  labor,]  be  in  charge  of  a  chief  factory  inspec- 
tor assigned  to  such  district  by  the  commissioner  [of  labor.  The 
commissioner  of  labor  may  designate  one  of  the  supervising  in- 
spectors as  assistant  chief  factory  inspector  for  the  first  district, 
and  while  acting  as  such  assistant  chief  factory  inspector  he  shall 
receive  an  additional  salary  of  five  hundred  dollars  per  annum]. 

Note. —  The  provision  of  old  §  55  for  two  chief  factory  inspectors  and 
their  salaries  is  in  new  §  11.  The  last  sentence  of  old  §  55  in  relation  to 
supervising  inspectors  ia  in  new  §  73. 


120     Appendix  I  —  Bills  Submitted  to  the  Legislature 

§  IS.  Supervising  factory  inspectors.  The  factory  inspectors  of 
the  fifth  grade  shall  act  as  supervising  inspectors.  The  commis- 
sioner may  designate  one  of  the  supervising  inspectors  05  assistant 
chief  factory  inspector  for  the  first  district,  who  while  so  acting 
shall  receive  additional  compensation  at  the  rate  of  five  hundred 
dollars  a  year. 

Note. —  First  sentence  taken  from  old  §  54,  second  sentence  taken  from  old 
§  55,  last  sentence. 

§  £56.  Idem;  general  powers  and  duties].  7^.  Factory  in- 
spection suhdistricts.  £l]  The  commissioner  [of  labor]  shall, 
from  time  to  time,  divide  the  [state]  factory  inspection  districts 
into  suhdistricts,  and  assign  one  [factory  inspector  of  the  fifth 
grade  to  each  subdistrict  as]  supervising  inspector  to  each  sub- 
district,  and  may  [in  his  discretion]  transfer  [such  supervising 
inspector]  him  from  one  subdistrict  to  another.[;  he  shall  from 
time  to  time,  assign  and  transfer  factory  inspectors  to  each  factory 
inspection  district  and  to  any  of  the  divisions  of  the  bureau  of  in- 
spection; he  may  assign  any  factory  inspector  to  inspect  any 
special  class  or  classes  of  factories  or  to  enforce  any  special  pro- 
visions of  this  chapter ;  and  he  may  assign  any  one  or  more  of  them 
to  act  as  clerks  in  any  office  of  the  department. 

2.  The  commissioner  of  labor  may  authorize  any  deputy  com- 
missioner or  assistant  and  any  agent  or  inspector  in  the  depart- 
ment of  labor  to  act  as  a  factory  inspector  with  the  full  power 
and  authority  thereof. 

3.  The  commissioner  of  labor,  the  first  deputy  commissioner  of 
labor  and  his  assistant  or  assistants,  and  every  factory  inspector 
and  every  person  duly  authorized  pursuant  to  sub-division  two 
of  this  section  may,  in  the  discharge  of  his  duties  enter  any  place, 
building  or  room  which  is  affected  by  the  provisions  of  this  chapter 
and  may  enter  any  factory  whenever  he  may  have  reasonable  cause 
to  believe  that  any  labor  is  being  performed  therein. 

4.  The  commissioner  of  labor  shall  visit  and  inspect  or  cause  to 
be  visited  and  inspected  the  factories,  during  reasonable  hours, 
.IS  often  as  practicable,  and  shall  cause  the  provisions  of  this  chap- 
ter and  the  rules  and  regulations  of  the  industrial  board  to  be  en- 
forced therein. 

5.  Any  lawful  municipal  ordinance,  by-law  or  regulation  relat- 
ing to  factories,  in  addition  to  the  provisions  of  this  chapter  and 


Appendix  I  —  Bills  Submitted  to  the  Legislature     121 

not  in  conflict  therewith,  may  be  observed  and  enforced  by  the  com- 
missioner of  labor.  J 

Note. —  The  provision  of  old  §  56,  sub.  1,  as  to  assignment  of  factory  in- 
spectors is  new  §  76.  Old  §  56,  sub.  2,  is  new  §  75.  Old  §  56,  sub.  3,  is 
covered  by  new  §  41.    Old  §  56,  subs.  4  and  5,  covered  by  new  §  40. 

§  15.  Special  factory  inspectors.  The  commissioner  m^y  au- 
thorize any  deputy  commissioner  or  assistant  and  any  agent,  in- 
spector or  employee  in  the  department  to  act  as  a  factory  ins^pector. 

Note. —  Taken  from  old  §  56,  sub.  2. 

§  76.  Assignment  of  factory  inspectors.  The  commissioner 
shall,  from  time  to  time,  assign  the  factory  inspectors  to  the  sev- 
eral factory  inspection  districts  and  divisions  of  the  bureau  of  in- 
spection and  may  transfer  them  from  one  to  another  of  such  dis- 
tricts and  divisions  and  may  assign  them  to  any  division  or  bureau 
of  the  department.  He  may  assign  any  factory  inspector  to  in- 
spect any  special  class  of  factories  or  to  enforce  any  special  pro- 
visions of  this  chapter,  or  to  act  as  clerks  in  any  office  of  the  de- 
partment. 

Note. —  Taken  from  old  §  56,  sub.  1. 

§  [5 8] 77.  Division   of   mercantile   inspection.     The   division 

of  mercantile  inspection  shall  be  under  the  immediate  charge  of 

the  chief  mercantile  inspector[[,  but  subject  to  the  direction  and 

supervision  of  the  commissioner  of  labor.     The  chief  mercantile 

inspector  shall  be  appointed  and  be  at  pleasure  removed  bj  the 

commissioner  of  labor,  and  shall  receive  an  annual  salary  not 

to  exceed  four  thousand  dollars^. 

Note. —  Appointment  and  salary  of  chief  mercantile  inspector  covered  by 
new  §  11,  sub.  12. 

§  [59]7<§.  [Idem;  general  powers  and  duties.  1.]  Mercan- 
tile inspection  districts.  The  commissioner  [of  labor]  may  di- 
vide the  [[cities  of  the  first  and  second  class  of  the]  state  into 
mercantile  inspection  districts,  and  assign  one  or  more  mer- 
cantile inspectors  to  each  [such]  district,  and  may  [in  his  dis- 
cretion] transfer  them  from  one  [such]  district  to  another.  [ ;  he 
may  assign  any  of  them  to  inspect  any  special  class  or  classes  of 
mercantile  or  other  establishments  specified  in  article  twelve  of 
this  chapter,  situated  in  cities  of  the  first  and  second  class,  or  to 
enforce  in  cities  of  the  first  or  second  class  any  special  provision 
of  such  article. 


122     Appendix  I  —  Bills  Submitted  to  the  Legislature 

2.  The  commissioner  of  labor  may  authorize  any  deputy  com- 
missioner or  assistant  and  any  agent  or  inspector  in  the  depart- 
ment of  labor  to  act  as  a  mercantile  inspector  with  the  full  power 
and  authority  thereof. 

3.  The  commissioner  of  labor,  the  chief  mercantile  inspector 
and  his  assistant  or  assistants  and  every  mercantile  inspector  or 
acting  mercantile  inspector  may  in  the  discharge  of  his  duties 
enter  any  place,  building  or  room  in  cities  of  the  first  or  second 
class  which  is  affected  by  the  provisions  of  article  twelve  of  this 
chapter,  and  may  enter  any  mercantile  or  other  establishment 
specified  in  said  article,  situated  in  the  cities  of  the  first  or  second 
class,  whenever  he  may  have  reasonable  cause  to  believe  that  it  is 
affected  by  the  provisions  of  article  twelve  of  this  chapter. 

4.  The  commissioner  of  labor  shall  visit  and  inspect  or  cause 
to  be  visited  and  inspected  the  mercantile  and  other  establishments 
specified  in  article  twelve  of  this  chapter  situated  in  cities  of  the 
first  and  second  class,  as  often  as  practicable,  and  shall  cause  the 
provisions  of  said  article  and  the  rules  and  regulations  of  the  in- 
dustrial board  to  be  enforced  therein. 

5.  Any  lawful  municipal  ordinance,  by-law  or  regulation  relat- 
ing to  mercantile  or  other  establishments  specified  in  article  twelve 
of  this  chapter,  in  addition  to  the  provisions  of  this  chapter  and  not 
in  conflict  therewith,  may  be  enforced  by  the  commissioner  of  labor 
in  cities  of  the  first  and  second  class.] 

Note. —  llie  provision  of  old  §  59,  sub.  1,  in  relation  to  assignment  of  mer- 
cantile inspectors  is  new  §  80.  Old  §  59,  sub.  2,  is  new  §  79.  Old  §  59,  sub. 
3,  is  covered  by  new  §  41.  Old  §  59,  subs.  4  and  5,  covered  by  new  §  40. 
Jurisdiction  of  labor  department  over  mercantile  establishments  extended  to 
cover  the  entire  state. 

§  79.  Special  mercantile  inspectors.  The  commissioner  may 
authorize  any  deputy  commissioner  or  assistant  and  any  agent,  in- 
spector, or  employee  in  the  department  to  act  as  a  mercantile 
inspector. 

Note. —  Taken  from  old  §  59,  sub.  2. 

§  80.  Assignment  of  mercantile  inspectors.  The  commissioner 
may  assign  any  mercantile  inspector  to  inspect  any  special  class 
of  mercantile  or  other  establishments  specified  in  section  one  hun- 
dred and  sixty  or  to  enforce  any  special  provision  of  this  chapter 
applicable  thereto.  He  may  also  assign  any  mercantile  inspector 
to  any  division  or  bureau  of  the  department. 

Note. —  Taken  from  old  §  59,  sub,  1. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     123 

§  L^"*!^^-  Division  of  home  work  inspection.  [The  division 
of  homework  inspection  shall  be  in  charge  of  an  officer  or  employee 
of  the  department  of  labor  designated  by  the  commissioner  of  labor 
and  shall,  subject  to  the  supervision  and  direction  of  the  commis- 
sioner of  labor,  have  charge  of  all  inspections  of  tenement  houses 
and  of  labor  therein  and  of  all  work  done  for  factories  at  places 
other  than  such  factories.]  The  division  of  homework  inspecUo^i 
shall  have  charge  of  all  inspections  of  tenement  houses  and  of  labor 
therein  and  of  all  work  done  therein  for  factories,  and  shall  he  in 
charge  of  an  officer  or  employee  of  the  department  designated  hy 
the  commissioner. 

Note. —  Rewritten  without  change  of  substance. 

§  [60]  82.  Division  of  industrial  hygiene.  [The  inspectors  of 
the  seventh  grade  shall  constitute  the  division  of  industrial  hy- 
giene, whicli  shall  be  under  the  immediate  charge  of  the  commis- 
sioner of  labor.  The  commissioner  of  labor  may  select  one  of  the 
inspectors  of  the  seventh  grade  to  act  as  the  director  of  such  divi- 
sion, and  such  director  while  acting  in  that  capacity  shall  receive 
an  additional  compensation  of  five  hundred  dollars  a  year.]  The 
factory  inspectors  of  the  seventh  grade  shall  he  memhers  of  and 
shall  constitute  the  division  of  industrial  hygiene.  The  commis- 
sioner may  select  one  of  the  memhers  to  he  director  of  the  division 
who,  while  so  acting,  shall  receive  additional  compensation  at  the 
rate  of  five  hundred  dollars  a  year.  The  factory  inspectors  of  the 
fourth  grade  shall  he  attached  to  this  division  and  shall  act  as  in- 
vestigators therein.  The  members  of  the  division  [of  industrial 
hygiene]  shall  make  special  inspections  of  factories,  mercantile  es- 
tablishments and  other  places  subject  to  the  provisions  of  this  chap- 
ter, [throughout  the  state,  and]  shall  conduct  special  investiga- 
tions of  industrial  processes  and  conditions^  and  shall  prepare 
material  for  leaflets  and  hulletins  calling  attention  ta  dangers  in 
particular  industries  and  the  precautions  to  he  taken  to  avoid 
them.  The  commissioner  [of  labor]  shall  submit  to  the  indus- 
trial board  the  recommendations  of  the  division  regarding  pro- 
posed rules  [and  regulations]  and  standards  to  be  adopted  to 
carry  into  effect  the  provisions  of  this  chapter  and  shall  advise 
[said]  the  board  concerning  the  operation  of  such  rules  and 
standards  and  as  to  any  changes  or  modifications  to  be  made 
therein.  [The  members  of  such  division  shall  prepare  material 
for  leaflets  and  bulletins  calling  attention  to  dangers  in  particular 


124     Appendix  I  —  Bills  Submitted  to  the  Legislature 

industries  and  the  precautions  to  be  taken  to  avoid  them  and  shall 
perform  such  other  duties  and  render  such  other  services  as  niay 
be  required  hj  the  commissioner  of  labor.]  The  director  [of  such 
division]  shall  make  an  annual  report  to  the  commissioner  [of 
labor  of  the  operation  of  the  division],  to  which  may  be  attached 
the  individual  reports  of  each  member  of  the  division  [as  above 
specified,  and  same  shall  be  transmitted  to  the  legislature  as  part 
of  the  annual  report  of  the  commissioner  of  labor]. 

Note. —  Rewritten,  in  part,  without  change  of  substance.  The  provision  that 
factory  inspectors  of  the  4th  grade  shall  be  attached  to  the  division  of  in- 
dustrial hygiene  is  taken  from  old  §  54,  sub.  1.  The  last  clause  of  old  §  60, 
in  relation  to  the  annual  report  of  the  commission,  is  covered  by  new  §  .50. 

§  [61]  83.  Section  of  medical  inspection.  The  factory  in- 
spectors of  the  sixth  grade  shall  act  as  medical  inspectors  and  shall 
constitute  the  section  of  medical  inspection.  The  factory  inspector 
of  the  seventh  grade  who  is  a  physician,  shall  he  the  chief  medical 
inspector,  and  shall  have  charge  of  this  section,  [which  shall,] 
subject  to  the  supervision  and  direction  of  the  director  of  the 
division  of  industrial  hygiene[,  be  under  the  immediate  charge 
of  the  chief  medical  inspector].  The  section  of  medical  inspection 
shall  inspect  factories,  mercantile  establishments  and  other  places 
subject  to  the  provisions  of  this  chapter  [throughout  the  state] 
with  respect  to  conditions  of  work  affecting  the  health  of  persons 
employed  therein  and  shall  have  charge  of  the  physical  examina- 
tion and  medical  supervision  of  all  children  employed  therein 
[and  shall  perform  such  other  duties  and  render  such  other  serv- 
ices as  the  commissioner  of  labor  may  direct]. 

Note. —  The  provision  of  the  first  sentence  that  inspectors  of  tlie  6th  grade 
shall  act  as  medical  inspectors  is  taken  from  old  §  54.  So  also  the  second 
sentence  in  relation  to  the  chief  medical  inspector. 

[■ARTICLE  5.1      TITLE   VI.      BUREAU   OF   STATISTICS  AND   INFOR- 
MATION. 

[Section  62.  Bureau  of  statistics  and  information. 

63.  Divisions;    duties  and  powers. 

64.  Information  to  be  furnished  upon  request. 

65.  Industrial  poisoning  to  be  reported.] 

§  [62]  90.  Bureau  of  statistics  and  information;  divisions. 
[The  bureau  of  statistics  and  information,  shall  be  under  the  im- 
mediate charge  of  a  chief  statistician,  but  subject  to  the  direction 
and  supervision  of  the  commissioner  of  labor. 


Appendix  I  —  Bills  Submitted  to  the  Legislatdee     125 

§  63.  Divisions;  duties  and  powers.  1.  The  bureau  of  statis- 
tics and  information  shall  have  live  divisions  as  follows:  general 
labor  statistics ;  industrial  directory ;  industrial  accidents  and  dis- 
eases; special  investigations;  and  printing  and  publication. 
There  shall  be  such  other  divisions  in  such  bureau  as  the  commis- 
sioner of  labor  may  deem  advisable.  Each  of  the  said  divisions 
shall,  subject  to  the  supervision  and  direction  of  the  commissioner 
of  labor  and  of  the  chief  statistician,  be  in  charge  of  an  officer  or 
employee  of  the  department  of  labor  designated  by  the  commis- 
sioner of  labor;  and  each  of  the  said  divisions,  in  addition  to  the 
duties  prescribed  in  this  chapter,  shall  perform  such  other  duties 
as  may  be  assigned  to  it  by  the  commissioner  of  labor. 

2.  The  division  of  general  labor  statistics  shall  collect,  and  pre- 
pare statistics  and  general  information  in  relation  to  conditions 
of  labor  and  the  industries  of  the  state. 

3.  The  division  of  industrial  directory  shall  prepare  annually 
an  industrial  directory  for  all  cities  and  villages  having  a  popula- 
tion of  one  thousand  or  more  according  to  the  last  preceding  fed- 
eral census  or  state  enumeration.  Such  directory  shall  contain 
information  regarding  opportunities  and  advantages  for  manufac- 
turing in  every  such  city  or  village,  the  factories  established 
therein,  hours  of  labor,  housing  conditions,  railroad  and  water  con- 
nections, water  power,  natural  resources,  wages  and  such  other 
data  regarding  social,  economic  and  industrial  conditions  as  in  the 
judgment  of  the  commissioner  would  be  of  value  to  prospective 
manufacturers,  and  their  employees.  If  a  city  is  divided  into 
boroughs  the  directory  shall  contain  such  information  as  to  each 
borough. 

4.  The  division  of  industrial  accidents  and  diseases  shall  col- 
lect and  prepare  statistical  details  and  general  information  regard- 
ing industrial  accidents  and  occupational  diseases,  their  causes 
and  effects,  and  methods  of  preventing,  curing  and  remedying 
them,  and  of  providing  compensation  therefor. 

5.  The  division  of  special  investigations  shall  have  charge  of 
all  investigations  and  research  work  relating  to  economic  and  social 
conditions  of  labor  conducted  by  such  bureau. 

6.  The  division  of  printing  and  publication  shall  print,  publish 
and  disseminate  in  such  manner  and  to  such  extent  as  the  com- 
missioner of  labor  shall  direct,  such  information  and  statistics  as 
the  commissioner  of  labor  may  direct  for  the  purpose  of  promoting 
the  health,  safety  and  well  being  of  persons  employed  at  labor. 


126     Appendix  I  —  Bills  Submitted  to  the  Legislature 

7.  The  commissioner  of  labor  may  subpoena  witnesses,  take  and 
hear  testimony,  take  or  cause  to  be  taken  depositions  and  admin- 
ister oaths.]  The  bureau  of  statistics  and  information  shall  be 
under  the  immediate  charge  of  the  chief  statistician.  This  bureau 
shall  have  the  following  divisions:  general  labor  statistics;  irv- 
dustrial  directory;  industrial  accidents  and  diseases;  special  in- 
vestigations; printing  and  publication,  and  such  other  divisions 
as  the  commissianer  may  deem  advisable.  Each  division  shall, 
subject  to  the  supervision  and  direction  of  the  chief  statistician, 
be  in  charge  of  an  officer  or  employee  of  the  department  desig- 
nated by  the  commissioner. 

Note. —  The  first  sentence  is  taken  from  old  §  62.  Second  and  third  sen- 
tences are  taken  from  old  §  63,  sub.  1.  Old  §  63,  subs.  2  and  3,  covered  by 
new  §  91,  sub.  1.  Old  §  63,  sub.  4,  covered  by  new  §  91,  sub.  3.  Old  §  63, 
sub.  5,  covered  by  new  §  91,  sub.  4.  Old  §  63,  sub.  6,  covered  by  new  §  91, 
sub.  5.    Old  §  63,  sub.  7,  covered  by  new  §  56. 

§  91.  Powers  and  duties  of  divisions.  1.  General  labor  statis- 
tics. The  division  of  general  labor  statistics  shall  collect  and  pre- 
pare statistics  and  general  information  in  relation  to  conditions 
of  labor  and  the  industries  of  the  state. 

2.  Industrial  directory.  The  division  of  industrial  directory 
shall  prepare  an  industrial  directory  for  all  cities  and  villages 
having  a  population  of  one  thousand  or  more  according  to  the  last 
preceding  federal  census  or  state  enumeration.  Such  directory 
shall  be  published  as  part  of  the  report  of  the  bureau  and 
shall  contain  information  regarding  opportunities  and  advan- 
tages for  manufacturing  in  every  such  city  or  village,  the  fac- 
tories established  therein,  hours  of  labor,  housing  conditions, 
railroad  and  water  connections,  water  power,  natural  resources, 
wages  and  such  other  data  regarding  social,  economic  and  indus- 
trial conditions  as  in  the  judgment  of  the  commissioner  would  be 
of  value  to  prospective  manufacturers,  and  their  employees.  If 
a  city  is  divided  into  borou/jhs  the  directory  shall  contain  such 
information  as  to  each  borough. 

S.  Industrial  accidents  and  diseases.  The  division  of  indus- 
trial accidents  and  diseases  shall  collect  and  prepare  statistical 
details  and  general  information  regarding  industrial  accidents 
and  occupational  diseases,  their  causes  and  effects,  and  methods 
of  preventing,  curing  and  remedying  them,  and  of  providing 
compensation  for  disability  or  death  residting  from  them. 

Jh  Special  investigations.  The  division  of  special  investigations 
shall  have  charge  of  all  investigations  and  research  work  relating 
to  economic  and  social  conditions  of  labor. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     127 

5.  Printing  and  publication.  The  division  of  printing  and 
'publication  shall  have  charge  of  all  department  printing  and  shall 
print,  publish  and  disseminate  such  information  and  statistics  as 
the  commissioner  may  direct  for  the  purpose  of  promoting  the 
health,  safety  and  well  being  of  employees. 

Note.—  Taken  from  old  §  63,  subs.  2-6. 

rARTICLE  10.*1    TITLE  VII.    BUREAU  OF  MEDIATION  AND  ARBITRA- 
TION. 

[Section  140.  Chief  mediator. 

141.  Mediation  and  investigation. 

142.  Board  of  mediation  and  arbitration. 

143.  Arbitration  by  the  board. 

144.  Decisions  of  board. 

145.  Annual  report. 

146.  Submission  of  controversies  to  local  arbitrators. 

147.  Consent;  oath;  powers  of  arbitrators. 

148.  Decision  of  arbitrators.] 

§  [140]  95.  ([Chief  mediator]  Bureau  of  mediation  and  arbi- 
tration. [There  shall  continue  to  be  a  bureau  of  mediation  arui 
arbitration.]  The  second  deputy  commissioner  [of  labor]  shall 
be  the  chief  mediator  [of  the  state]  and  in  immediate  charge  of 
the  bureau  of  mediation  and  arbitration  [this  bureau,  but  subject 
to  the  supervision  and  direction  of  the  commissioner  of  labor]. 

Note. —  First  sentence  of  old  §  140  covered  by  new  §   16. 

§  96.  Board  of  mediation  and  arbitration.  There  shall  be  a 
state  board  of  mediation  and  arbitration,  which  shall  consist  of 
the  chief  mediator  and  two  other  officers  of  the  department  to  be 
from  time  to  time  designated  by  the  commissioner.  The  chief 
mediator  when  present  shall  be  chairman  of  the  board. 

Note. —  Taken  from  old  §  142,  first  two  sections. 

§  [141]  97.  Mediation  and  investigation.  Whenever  a  strike 
or  lockout  occurs  or  is  seriously  threatened  an  officer  or  agent  of 
the  bureau  of  mediation  and  arbitration  shall,  if  practicable,  pro- 
ceed promptly  to  the  locality  thereof  and  endeavor  by  mediation 
to  effect  an  amicable  settlement  of  the  controversy.  If  the  com- 
missioner [of  labor]  deems  it  advisable  the  board  of  mediation 
and  arbitration  may  proceed  to  the  locality  and  inquire  into  the 
cause  of  an  existing  or  threatened  strike  or  locJcout  [thereof,] 


128     Appendix  I  —  Bills  Submitted  to  the  Legislature 

and  for  that  purpose  shall  have  all  the  powers  conferred  upon  it 
m  the  case  of  a  controversy  submitted  to  it  for  arbitration. 

§  [142]  98.  [Board  of  mediation  and  arbitration.]  Proced- 
ure of  board.  [There  shall  continue  to  be  a  state  board  of  media- 
tion and  arbitration,  which  shall  consist  of  the  chief  mediator  and 
two  other  officers  of  the  department  of  labor  to  be  from  time  to 
time  designated  by  the  commissioner  of  labor.  The  chief  media- 
tor when  present  shall  be  chairman  of  the  board.]  Two  members 
of  [such]  the  state  hoard  of  mediation  and  arbitration  [board] 
shall  constitute  a  quorum  for  the  transaction  of  business,  and  may 
hold  meetings  at  any  time  [or]  and  at  any  place  within  the  state. 
Examinations  or  investigations  ordered  by  the  board  may  be  held 
by  and  taken  [by  and]  before  any  of  [their  number,]  its  members 
if  so  directed,  but  a  decision  rendered  in  such  a  case  shall  not  be 
deemed  [conclusive]  final  until  approved  by  the  board. 

Note. —  Old  section  142,  first  two  sentences  covered  by  new  §  96. 

§  [143]  99.  Arbitration  by  the  board.  A  [grievance  or  dis- 
pute] controversy  between  an  employer  and  his  euipioyees  may  be 
submitted  to  the  board  of  arbitration  and  mediation  for  [their] 
its  determination  and  settlement.  [Such]  The  submission  shall 
be  by  written  statement  containing  (a)  a  detailed  description  of 
[in  writing,  and  contain  a  statement  in  detail  of]  the  [grievance 
or  dispute]  controversy  and  the  cause  thereof,  and  (b)  [also]  an 
agreement  to  abide  the  determination  of  the  board,  and  [during 
the  investigation]  to  continue  in  business  or  at  work  during  the 
investigation^  without  a  lockout  or  strike].  Upon  such  submis- 
sion, the  board  shall  examine  the  matter  in  controversy.  For  the 
purpose  of  [such]  the  inquiry  [they]  it  may  subpoena  witnesses, 
compel  their  attendance,  take  and  hear  testimony,  and  call  for  and 
examine  books,  papers  and  documents  of  any  parties  to  the  con- 
troversy. Subpoenas  shall  be  issued  by  the  chairman  under  the 
seal  of  the  department  [of  labor].  Witnesses  shall  be  allowed 
the  same  fees  as  in  courts  of  record.  [The  decision  of  the  board 
must  be  rendered  within  ten  days  after  the  completion  of  the  in- 
vestigation.] 

Note. —  Old  §  143,  last  sentence  covered  by  new  §  100. 

§  [144]  100.  Decisions  of  board.  Within  ten  days  after  the 
[completion  of  every  arbitration]  close  of  the  inquiry,  the  board 
or  a  majority  thereof  shall  render  a  decision,  stating  such  details 


Appendix  I  —  Bills  Submitted  to  the  Legislature     129 

as  [will]  clearly  show  the  nature  of  the  controversy  and  the 
[[points  disposed  of  by  them]  questions  decided,  [and  make  a 
written  report  of]  their  findings  of  fact  and  [of]  their  recom- 
mendations [to  each  party  of  the  controversy].  Every  decision 
[and  report]  shall  be  filed  in  the  office  of  the  board  and  a  copy 
thereof  served  upon  each  party  to  the  controversy. 

[§  145.  Annual  report.  The  commissioner  of  labor  shall  make 
an  annual  report  to  the  legislature  of  the  operations  of  this 
bureau.] 

§  [146]  101.  Submission  of  controversies  to  local  arbitrators. 
A  [grievance  or  dispute]  controversy  between  an  employer  and 
his  employees  may  be  submitted  to  a  board  of  arbitrators,  con- 
sisting of  three  persons,  for  hearing  and  settlement.  One  arbi- 
trator shall  he  appointed  by  the  employer  and  one  by  the  em- 
ployees. The  two  so  designated  shall  appoint  a  third,  who  shall 
be  chairman  of  the  board.  [When]  //  the  employees  concerned 
are  members  in  good  standing  of  a  labor  organization,  [one]  the 
arbitrator  to  represent  them  may  be  appointed  by  such  organiza- 
tion [and  one  by  the  employer.  The  two  so  designated  shall  ap- 
point a  third,  who  shall  be  chairman  of  the  board].  If  such  em- 
ployees are  not  members  of  a  labor  organization,  a  majority 
thereof  at  a  meeting  duly  called  for  that  purpose,  may  designate 
][one]  the  arbitrator  to  represent  them  [for  such  board]. 

§  [14Y]  102.  Consent;  oath;  powers  of  arbitrators.  Before 
entering  upon  his  duties,  each  arbitrator  so  selected  shall  sign  a 
consent  to  act  and  take  and  subscribe  an  oath  to  faithfully  and 
impartially  discharge  his  duties  [as  such  arbitrator],  which  con- 
sent and  oath  shall  be  filed  in  the  clerk's  office  [of^  in  the  county 
or  counties  where  the  controversy  arose.  '[^Vhen  such  board  is 
ready  for  the  transaction  of  business,  it]  The  hoard  shall  select 
one  of  its  members  to  act  as  secretary,  and  notice  of  the  time  and 
place  of  hearing  shall  be  given  to  the  parties  to  the  controversy. 
The  board  may,  through  its  chairman,  subpoena  witnesses,  compel 
their  attendance  and  take  and  hear  testimony.  The  board  may 
make  and  enforce  rules  governing  [for  its  government  and]  the 
transaction  of  the  business  before  it,  and  fix  its  sessions  and 
adjournments. 

§    [148]    103.  Decisions   of   arbitrators.     [The  board   shall, 

w]lFithin  ten  days  after  the  close  of  the  '[hearing,]  inquiry,  the 

board  shall  render  a  [written]  decision  signed  by  each  member 

[them  giving]  stating  such  details  as  clearly  show  the  nature 

Vol.  1  —  5 


130     Appendix  I  —  Bills  Subxhtted  to  the  Leqislatuee 

of  the  controversy  and  the  questions  decided  by  them.  One  copy 
of  the  decision  shall  be  filed  in  the  clerk's  office  [of  the  clerk  of] 
in  the  comity  or  counties  where  the  controversy  arose  and  one 
copy  shall  be  transmitted  to  the  bureau  of  mediation  and  arbitra- 
tion, and  a  copy  served  lupon  each  party  to  the  controversy. 

|-ARTICLE     ll.n     TITLE     Till.        BUREAU     OF     INDUSTRIES     AND 

IMMIGRATION. 
[Section  151.  Bureau  of  industries  and  immigration, 

152.  Special  investigators. 

153.  General  powers  and  duties. 

154.  Proceedings  before  the  commissioner  of  labor. 

155.  Registration  and  reports  of  employment  agencies. 

156.  The  licensing  and  regulation  of  immigrant  lodging 

places. 
156-a.  Reports.] 

§  [151]  110.  Bureau  of  industries  and  immigration.  The[re 
shall  be  a]  bureau  of  industries  and  immigration [,  which]  shall 
be  under  the  immediate  charge  of  [a]  the  chief  investigator.  [, 
but  subject  to  the  supervision  and  direction  of  the  commissioner 
of  labor. 

§  152.  Special  investigators.  The  commissioner  of  labor  may 
appoint  from  time  to  time  such  number  of  special  investigators 
and  such  other  assistants  as  may  be  necessary  to  carry  into  effect 
the  powers  of  the  said  bureau  herein  defined,  who  may  be  removed 
by  him  at  any  time.  The  special  investigators  may  be  divided 
into  two  grades.  Each  special  investigator  of  the  first  grade  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars,  and  each  of 
the  second  grade  an  annual  salary  of  twelve  hundred  dollars.] 
Note. —  Old  §  152  covered  by  new  §  11,  sub.  15. 

§  [153]  111.  General  powers  and  duties,  [1.  The  commis- 
sioner of  labor  shall  have  the  power  to  make  full  inquiry,  examina- 
tion and  investigation  into  the  condition,  welfare  and  industrial 
opportunities  of  all  aliens  arriving  and  being  within  the  state. 
He  shall  also  have  power  to  collect  information  with  respect  to  the 
need  and  demand  for  labor  by  the  several  agricultural,  industrial 
and  other  productive  activities,  including  public  works  throughout 
the  state;  to  gather  information  with  respect  to  the  supply  of 
labor  afforded  by  such  aliens  as  shall  from  time  to  time  arrive  or 
be  within  the  state;  to  ascertain  the  occupations  for  which  such 


Appendix  I  —  Bills  Submitted  to  the  Legislature     131 

aliens  shall  be  best  adapted,  and  to  bring  about  intercommunica- 
tion between  them  and  the  several  activities  requiring  labor  which 
will  best  promote  their  respective  needs ;  to  investigate  and  deter- 
mine the  genuineness  of  any  application  for  labor  that  may  be 
received  and  the  treatment  accorded  to  those  for  whom  employ- 
ment shall  be  secured;  to  co-operate  with  the  employment  and 
immigration  bureaus  conducted  under  authority  of  the  federal 
government,  or  by  the  government  of  any  other  state,  and  with 
public  and  philanthropic  agencies  designed  to  aid  in  the  distribu- 
tion and  employment  of  labor;  and  to  devise  and  carry  out  such 
other  suitable  methods  as  will  tend  to  prevent  or  relieve  congestion 
and  obviate  unemployment. 

2.  The  commissioner  of  labor  shall  procure  with  the  consent 
of  the  federal  authorities  complete  lists  giving  the  names,  ages, 
and  destination  within  the  state  of  all  alien  children  of  school  age, 
and  such  other  facts  as  will  tend  to  identify  them  and  shall  forth- 
with deliver  copies  of  such  lists  to  the  commissioner  of  education 
or  the  several  boards  of  education  and  school  boards  in  the  respec- 
tive localities  within  the  state  to  which  said  children  shall  be 
destined,  to  aid  in  the  enforcement  of  the  provisions  of  the  educa- 
tion law  relative  to  the  compulsory  attendance  at  school  of  chil- 
dren of  school  age. 

3.  The  commissioner  of  labor  shall  further  co-operate  with  the 
commissioner  of  education  and  with  the  several  boards  of  educa- 
tion and  school  commissioners  in  the  state  to  ascertain  the  neces- 
sity for  and  the  extent  to  which  instruction  should  be  imparted 
to  aliens  within  the  state;  to  devise  methods  for  the  proper  in- 
struction of  adult  and  minor  aliens  in  the  English  language  and 
other  subjects,  and  in  respect  to  the  duties  and  rights  of  citizen- 
ship and  the  fundamental  principles  of  the  American  system  of 
government;  and  may  establish  and  supervise  classes  and  other- 
wise further  their  education. 

4.  The  commissioner  of  labor  may  enter  and  inspect  all  labor 
camps  within  the  state,  and  any  camp  which  he  may  have  reason- 
able cause  to  believe  is  a  labor  camp;  and  shall  inspect  all  em- 
ployment and  contract  labor  agencies  dealing  with  aliens,  or 
whenever  he  may  have  reasonable  cause  to  believe  that  such  em- 
ployment or  contract  labor  agencies  deal  with  aliens ;  or  who 
secure  or  negotiate  contracts  for  their  employment  within  the 
state;  shall  inspect  all  immigrant  lodging  places  or  all  places 
where  he  has  reasonable  cause  to  believe  that  aliens  are  received, 
lodged,  boarded  or  harbored ;  shall  co-operate  with  other  public 


132     Appendix  I  —  Bills  Submitted  to  the  Legislature 

authorities,  to  enforce  all  laws  applicable  to  private  bankers  deal- 
ing with  aliens  and  laborers;  secure  information  with  respect  to 
such  aliens  who  shall  be  in  prisons,  almshouses  and  insane  asylums 
of  the  state,  and  who  shall  be  deportable  under  the  laws  of  the 
United  States,  and  co-operate  with  the  federal  authorities  and  with 
such  officials  of  the  state  having  jurisdiction  over  such  criminals, 
paupers  and  insane  aliens  who  shall  be  confined  as  aforesaid,  so 
as  to  facilitate  the  deportation  of  such  persons  as  shall  come 
within  the  provisions  of  the  aforesaid  laws  of  the  United  States, 
relating  to  deportation;  shall  investigate  and  inspect  institutions 
established  for  the  temporary  shelter  and  care  of  aliens,  and  such 
philanthropic  societies  as  shall  be  organized  for  the  purpose  of 
securing  employment  for  or  aiding  in  the  distribution  of  aliens, 
and  the  methods  by  which  they  are  conducted. 

5.  The  commissioner  of  labor  shall  investigate  conditions  pre- 
vailing at  the  various  places  where  aliens  are  landed  within  this 
state,  and  at  the  several  docks,  ferries,  railway  stations  and  on 
trains  and  boats  therein,  and  in  co-operation  with  the  proper 
authorities,  afford  them  protection  against  frauds,  crimes  and 
exploitation ;  shall  investigate  any  and  all  complaints  with  reepect 
to  frauds,  extortion,  incompetency  and  improper  practices  by 
notaries  public,  interpreters  and  other  public  officials,  or  by  any 
other  person  or  by  any  corporation,  whether  public  or  pri- 
vate, and  present  to  the  proper  authorities  the  results 
of  such  investigation  for  action  thereon;  shall  investigate 
and  study  the  general  social  conditions  of  aliens  within 
this  state,  for  the  purpose  of  inducing  remedial  action  by 
the  various  agencies  of  the  stat«  possessing  the  requisite  jurisdic- 
tion; and  shall  generally,  in  conjunction  with  existing  public  and 
private  agencies,  consider  and  devise  means  to  promote  the  wel- 
fare of  the  state.]  The  bureau  of  industries  and  immigration  shall: 

1.  Have  charge  of  the  enforcement  of  the  provisions  of  this 
chapter  relating  to  immigrant  lodging  houses. 

2.  Investigate  conditions  prevailing  at  all  docks,  ferries,  rail- 
way stations  and  other  places,  where  aliens  arrive  or  depart,  and 
also  on  boats  and  trains,  and,  in  co-operation  with  the  proper 
authorities,  afford  such  aliens  protection  against  frauds,  crimes 
and  exploitation;  investigate  all  complaints  with  respect  to 
frauds,  extortion,  incompetency,  improper  practices  by  notaries 
public,  interpreters  and  other  public  officials,  or  by  any  other 
person  or  by  any  corporation,  whether  public  or  private,  and  pre- 


AppE^^)IX  I  —  Bills  Submitted  to  the  Legislatui^e     133 

sent  to  the  proper  authorities  the  results  of  such  investigation  for 
action  thereon  and  to  effect  as  far  as  practicable  an  amicable  set- 
tlement of  any  such  complaint;  investigate  and  inspect  labor 
camps;  investigate  and  inspect  institutions  established  for  Hie 
temporary  shelter  and  care  of  aliens;  investigate  and  inspect  phil- 
anthropic societies  and  other  agencies  organized  for  the  purpose 
of  aiding  in  the  distribution  and  employment  of  aliens  and  the 
methods  by  which  they  are  conducted;  investigate  the  general 
social  condition  and  welfare  of,  and  industrial  opportunities  for, 
all  aliens  arriving  or  residing  within  the  state  and,  in  conjunction 
with  existing  public  and  private  agencies,  consider  and  devise 
means  to  promote  the  public  welfare. 

3.  Co-operate  luith  the  public  authorities  charged  with  the  duty 
of  enforcing  laws  applicable  to  private  banTcers  and  steamship 
ticJiet  agents  dealing  with  aliens  and  laborers;  co-operate  with  the 
commissioner  of  education  and  the  several  school  authorities  to 
ascertain  the  extent  to  which  instruction  should  be  imparted  to 
adult  and  minor  aliens  within  the  state  and  to  devise  methods  for 
the  proper  instruction  of  such  aliens  and  may  establish  and  super- 
vise classes  for  the  education  of  aliens. 

4.  Co-operate  with  public  and  philanthropic  employment  and 
immigration  bureaus  and  agencies  and  devise  and  carry  out  suit- 
able methods  of  aiding  in  the  distribution  and  employment  of 
aliens. 

Note. —  Rewritten  without  cliange  of  substance.  Provisions  in  old  law  for 
collection  of  material  with  reference  to  deportable  aliens  and  supply  of  labor 
by  aliens,  omitted.    Words  steamship  ticket  agents  new  in  sub.  3. 

[ARTICLE  5-A.]   TITLE  IX. 
Bureau  of  Employment, 
[Section  66.  Directors. 

66-a.  Public  employment  offices. 

66-b.  Purpose. 

66-c.  Officers. 

66-d.  Registration  of  applicants. 

QQ-Q.  Reports  of  superintendents. 

66-f.  Advisory  committees. 

66-g.  Notice  of  strike  or  lockouts. 

66-h.  Applicants  not  to  be  disqualified. 

66-i.  Departments. 

66-j.  Juveniles. 


134     Appendix  I  —  Bllls  Submitted  to  the  Legislatuee 

66-k.  Co-operation  of  public  employment. 

66-1.  Advertising. 

66-m.  Service  to  be  free. 

66-n,  Penalties. 

66-0.  Labor  market  bulletin. 

66-p.  Information  for  employment  agencies.] 

§  120.  Bureau  of  employment;  offices.  The  bureau  of  employ- 
m,ent  shall  he  under  the  immediate  charge  of  the  director,  who 
shall  have  technical  and  scientific  knowledge  upon  the  subject 
of  unemployment  and  administration  of  public  employment 
offices  and  ability  to  direct  investigations  of  unemployment  and 
public  and  private  agencies  for  remedyiiig  the  same.  The  civil 
service  examination  for  the  posUuyn  of  director  shall  be  such  as 
to  test  whether  candidates  have  such  qualifications.  The  com- 
missioner shall  establish  such  employment  offices  as  may  he 
needed  for  the  purpose  of  bringing  together  workmen  in  search 
of  employment  and  employers  seeking  labor.  Each  office  shall, 
subject  to  the  supervision  and  direction  of  the  director  of  the 
bureau  of  employment,  be  in  charge  of  a  superintendent  desig- 
nated by  the  commissioner. 

Note. —  Taken  from  §§  66-66-c,  without  change  of  substance.  The  ap- 
pointment of  director  and  office  superintendents  covered  by  new  §  11. 

§  [66-e]  121.  Reports  of  superintendents.  Eacb  superin- 
tendent shall  make  to  tbe  director  such  periodic  reports  of  ap- 
plications for  labor  or  employment  and  all  other  details  of  the 
work  of  each  office,  and  the  expenses  of  maintaining  the  same, 
as  the  commissioner  [of  labor]:  may  require. 

§  [66-f.]  122.  Advisory  committees.  The  commissioner  [of 
labor]  shall  appoint  for  each  public  employment  office  an  ad- 
visory committee,  [whose  duty  it]  which  shall  [be  to]  give  the 
superintendent  advice  and  assistance  in  connection  with  the  man- 
agement of  such  [employment]  offix^e.  The  superintendent  shall 
consult  from  time  to  time  with  the  advisory  committee  attached 
to  his  office.  Such  advisory  committee  shall  be  composed  of 
representative  employers  and  employees  with  a  chairman  chosen 
by  the  committee  [who  shall  be  agreed  upon  by  a  majority  of 
such  employers  and  of  such  employees].  Vacancies,  however 
caused,  shall  be  filled  in  the  same  manner  as  [the]  original  ap- 
pointments. [The]  An  advisory  committee[s]  may  appoint 
such  subcommittees  as  [they]  it  may  deem  advisable.     At  the 


Appendix  I  —  Bills  Submitted  to  the  Legislatuke     135 

request  of  a  majority  either  of  tlie  employers  or  of  the  employees 
on  an  advisory  committeofsj,  the  voting  on  any  particular  que  - 
tion  shall  be  so  conducted  that  there  shall  be  an  equality  of  voting 
power  between  the  employers  and  the  employees,  notwithstand- 
ing the  absence  of  any  member.  Except  as  above  provided,  every 
question  shall  be  decided  by  a  majority  of  the  members  present 
and  voting  on  that  question.  The  chairman  shall  have  no  vote 
on  any  question  on  which  the  equality  of  voting  power  has  been 
claimed. 

§  [66-d.]  123.  Registration  of  applicants.  The  superin- 
tendent of  every  public  employment  office  shall  receive  applica- 
tions from  those  seeking  employment  and  from  those  seeking  em- 
ployees and  shall  register  every  applicant  on  properly  arranged 
cards  or  forms  provided  by  the  commissioner  [of  labor]. 

§  [66-1.]  12J/..  Advertising.  The  commissioner  [of  labor] 
shall  have  power  to  solicit  business  for  the  public  employment 
offices  established  under  this  [article]  title  by  advertising  in  news- 
papers and  in  any  other  way  that  he  may  deem  [expedient,  and  to 
take  any  other  steps  that  he  may  deem]  necessary  to  insure  the 
success  and  efficiency  of  such  offices;  provided,  that  the  expendi- 
ture under  this  section  for  advertising  shall  not  exceed  five  per 
centum  of  the  total  expenditure  for  the  purposes  of  this  [article] 
title. 

§  [66-m.]  125.  Service  to  be  free.  No  fees  direct  or  indirect 
shall  in  any  case  be  charged  to  or  received  from  those  seeking 
the  benefits  of  this  [article]  title. 

§  [^6"j]  ^^^-  Juveniles.  Applicants  for  employment  who  are 
between  the  ages  of  fourteen  and  eighteen  years  shall  register 
upon  special  forms  provided  by  the  commissioner  [of  labor]. 
Such  applicants  upon  securing  their  employment  certificates  as  re- 
quired by  law,  may  be  permitted  to  register  at  a  public  or  other 
recognized  school  and  when  forms  containing  such  applications 
are  transmitted  to  a  public  employment  office  they  shall  be  treated 
as  equivalent  to  personal  registration.  The  superintendent  of  each 
public  employment  office  shall  co-operate  with  the  school  principals 
in  endeavoring  to  secure  suitable  positions  for  children  who  are 
leaving  the  schools  to  begin  work.  [To  this  end  he]  He  shall 
transmit  to  the  school  principals  a  sufficient  number  of  application 
forms  to  enable  all  pupils  to  register  who  desire  to  do  so;  and 
such  principals  shall  acquaint  the  teachers  and  pupils  with  the 
purpose  of  the  public  employment  office  in  placing  juveniles. 


136     Appendix  I  —  Bills  Submitted  to  the  Legislature 

The  advisory  committee  shall  appoint  special  committees  on 
juvenile  employment  which  shall  include  employers,  workmen, 
and  persons  possessing  experience  or  knowledge  of  education,  or 
of  other  conditions  affecting  juveniles.  It  shall  be  the  duty  of 
these  special  committees  to  give  advice  with  regard  to  the  manage- 
ment of  the  public  employment  offices  to  which  they  are  attached 
in  regard  to  juvenile  applicants  for  employment.  Such  com- 
mittees may  take  steps  either  by  themselves  or  in  co-operation 
with  other  bodies  or  persons  to  given  information,  advice  and 
assistance  to  boys  and  girls  and  their  parents  with  respect  to  the 
choice  of  employment  and  other  matters  bearing  thereon. 

§  [66-k]  127.  Co-operation  of  public  employment  offices.  The 
commissioner  J[of  labor]  shall  arrange  for  the  co-operation  of  the 
offices  created  under  this  [article]  title  in  order  to  facilitate,  when 
advisable,  the  transfer  of  applicants  for  work  from  places  where 
there  is  an  oversupply  of  labor  to  places  where  there  is  a  demand. 
[To  this  end  he]  He  shall  cause  lists  of  vacancies  furnished  to  the 
several  offices,  as  herein  provided,  to  be  prepared  and  shall  supply 
them  to  newspapers  and  other  agencies  for  disseminating  informa- 
tion, in  his  discretion,  and  to  the  superintendents  of  the  public 
employment  offices.  The  superintendent  shall  post  these  lists  in 
conspicuous  places,  so  that  they  may  be  open  to  public  inspection. 

§  [66-0]  128.  Labor  market  bulletin.  The  bureau  of  statis- 
tics and  information  |[of  the  department  of  labor]  shall  publish 
a  bulletin  in  which  shall  be  made  public  all  possible  information 
with  regard  to  the  state  of  the  labor  market  including  reports  of 
the  business  of  the  various  public  employment  offices. 

§  [66-p]  129.  Information  from  emplo^Tnent  agencies.  For 
the  purposes  specified  in  the  foregoing  section  every  employment 
office  or  agency,  other  than  those  established  under  this  [article,] 
title,  shall  keep  a  register  of  applicants  for  work  and  applicants 
for  help  in  such  form  as  may  be  required  by  the  commissioner  [of 
labor]  in  order  to  afford  the  same  information  as  that  supplied  by 
state  offices.  Such  register  shall  be  subject  to  inspection  by  the 
commissioner  [of  labor]  and  information  therefrom  shall  be  fur- 
nished to  him  at  such  times  and  in  such  form  as  he  may  require. 

§  [66-g]  130.  Notice  of  strikes  or  lockouts.  An  employer,  or 
.a  representative  of  employers  or  employees  may  file  at  a  public 
emplo\Tnent  office  a  signed  statement  with  regard  to  the  existence 
of  a  strike  or  lockout  affecting  their  trade.  Such  a  statement 
shall  be  exhibited  in  the  employment  office,  but  not  until  it  has 


Appendix  I  —  Bills  Submitted  to  the  Legislature     137 

been  communicated  to  the  employers  affected,  if  filed  by  em- 
ployee«»,  or  to  the  employees  affected,  if  filed  by  employers.  In 
case  of  a  reply  being  received  to  such  a  statement,  it  shall  also  be 
exhibited  in  the  employment  office.  If  any  employer  affected  by 
a  statement  notifies  the  public  employment  office  of  a  vacancy  or 
vacancies,  the  officer  in  charge  shall  advise  any  applicant  for  such 
vacancy  or  vacancies  of  the  statements  that  have  been  made. 

§  [66-h]  131.  Applicants  not  to  be  disqualified.  No  person 
shall  suffer  any  disqualification  or  be  otherwise  prejudiced  on 
account  of  refusing  to  accept  employment  found  for  him  through 
a  public  employment  office,  where  the  ground  of  refusal  is  that  a 
strike  or  lockout  exists  which  affects  the  work,  or  that  the  wages 
are  lower  than  those  current  in  the  trade  in  that  particular  dis- 
trict or  section  where  the  employment  is  offered. 

§  Q66-n]  132.  Penalties.  Any  superintendent  or  clerk,  sub- 
ordinate or  appointee,  appointed  under  this  [article,]  title  who 
shall  accept  directly  or  indirectly  any  fee,  compensation  or 
gratuity  from  any  one  seeking  employment  or  labor  under  this 
[article,]  title  shall  be  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  hundred  dollars,  or  by  im- 
prisonment in  jail  for  a  term  not  exceeding  six  months,  or  both, 
and  shall  thereafter  be  disqualified  from  holding  any  office  or 
position  in  such  bureau. 

ARTICLE  [2]  S. 

GENERAL  PROVISIONS. 
[Section  3.     Hours  to  constitute  a  day's  work. 

4.  Violations  of  the  labor  law. 

5.  Hours  of  labor  in  brickyards. 

6.  Hours  of  labor  on  street  surface  and  elevated  rail- 

roads. 

7.  Regulation  of  hours  of  labor  on  steam  surface  and 

other  railroads. 

8.  Regulation  of  hours  of  labor  of  block  system  tele- 

graph and  telephone  operators  and  signalmen  on 
surface,  subway  and  elevated  railroads. 
8a.  One  day  of  rest  in  seven. 

9.  Payment  of  wages  by  receivers. 

10.  Cash  payment  of  wages. 

11.  When  wages  are  to  be  paid. 

12.  Penalty  for  violation  of  preceding  section. 

13.  Assignment  of  future  wages. 


138     Appendix  I  —  Bills  Submitted  to  the  Leqislatuhe 

14.  Preference  in  employment  of  persons  upon  public 

works. 

15.  Labels,  brands  and  marks  used  by  labor  organiza- 

tions. 

16.  Illegal  use  of  labels,  brands  and  marks,  a  misde- 

meanor; injunction  proceedings. 

17.  Seats  for  female  employees. 

18.  Scaffolding  for  use  of  employees. 

19.  Inspection  of  scaffolding,  ropes,  blocks,  pulleys  and 

tackles  in  cities. 

20.  Protection   of  persons   employed   on  buildings   in 

cities. 
20a.  Accidents  to  be  reported. 
20b.  Protection  of  employees. 
20c.  Switchboards  to  be  protected. 

21.  Commissioner   of   labor   to    enforce   provisions    of 

article. 

22.  Physical  examination  of  employees. 
22.     Duties  relative  to  apprentices.] 

Section  IJ^O.  General  duty  to  'protect  health  and  safety  of  em- 
ployees. 

IJfl,  Protection  of  em^ployees  at  switchboards. 

1J^2.  Prohibition  against  eating  meals  in  certain  worh- 
rooms. 

IJfS.  Registration  of  places  of  employment. 

HJ/..  Employers'  report  of  accidents  to  employees. 

lJf5.  Physicians'  report  of  industrial  poisonings. 

H6.  Laws  to  be  posted. 

IJt-l.  Labels,  brands  and  marhs  used  by  labor  organiza- 
tions. 

lJf.8.  Illegal  use  of  labels,  brands  and  marhs;  injunction 
proceedings. 

§  [20-b.]  lJf.0.  [Protection  of  employees.]  General  duty  to  pro- 
tect health  and  safety  of  employees.  All  [factories,  factory  build- 
ings, mercantile  establishments  and  other]  places  to  which  this 
chapter  [is  applicable,]  applies  shall  be  so  constructed,  equipped, 
arranged,  operated  and  conducted  [in  all  respects]  as  to  provide 
reasonable  and  adequate  protection  to  the  lives,  health  and  safety 
of  all  persons  employed  therein  or  frequenting  the  same.  The 
industrial  board  shall  ][,  from  time  to  time,]  make  [such]  rules 
[and  regulations  as  will]  to  carry  into  effect  the  provisions  of 
this  section. 


Appendix  I  —  Bills  Submitted  to  the  Legislatuse     139 

§  [20-1d.]  IJi-l.  [Switchboards  to  be  protected.]  Protection  of 
employees  at  switch!) oards.  [All  buildings  having  installed  therein 
a]  ^^  every  main  or  distributing  gwitchboard  of  two  hundred  and 
twenty  or  more  volts  [or  over  shall  have,  on  the  floor  or  upon  such 
platform  or  other  standing  place  as  the  switchboard  may  be  located 
or  attached,]  there  shall  he  maintained  [a  rubber]  an  insulating 
[mat]  surface  the  length  of  the  switchboard  and  of  sufficient 
width  and  so  'placed  as  to  allow  a  person  to  stand  or  walk  [or 
stand]  thereon  while  working  at  the  switchboard  or  making  tests. 

§  [89-a.]  lJf2.  Prohibition  against  eating  meals  in  certain  work- 
rooms. No  employee  shall  take  or  be  permitted  to  take  any  f<X)d 
into  a  room  [or  apartment]  in  a  factory,  or  mercantile  establish- 
ment, [mill  or  workshop,  commercial  institution  or  other  estab- 
lishment or  working  place]  where  lead,  arsenic  or  other  poisonous 
substances  or  injurious  or  noxious  fumes,  dust  or  gases  exist  in 
harmful  conditions  or  are  present  in  harmful  quantities,  [as  an 
incident  or  result  of  the  business  conducted  by  such  factory,  com- 
mercial establishment,  mill  or  workshop,  commercial  institution 
or  other  establishment  or  working  place;  and  [n]A'^otice  to  the 
foregoing  effect  shall  be  kept  posted  in  each  such  room'[,  or  apart- 
ment]. No  employee,  unless  his  prescnc^e  is  necessary  for  the 
proper  conduct  of  the  business,  shall  remain  in  any  such  room[, 
apartment  or  enclosure]  during  the  time  allowed  for  meals,  and 
[suitable  provision  shall  be  made  and  maintained  by  the  employer 
for  enabling  employees  to  take  their  meals  elsewhere  in  such  estab- 
lishment.] the  employer  shall  provide  a  suitable  place  in  such 
establishment  for  his  employees  to  eat  their  meals. 

§  [69.]  IJ^S.  Registration  of  [factories]  places  of  employment. 
[The  owner  of  every  factory  shall  register  such  factory  with  the 
state  department  of  labor,  giving  the  name  of  the  o^vner,  his  home 
address,  the  address  of  the  business,  the  name  under  which  it  is 
carried  on,  the  number  of  employees  and  such  other  data  as  the 
commissioner  of  labor  may  require.  Such  registration  of  existing 
factories  shall  be  made  within  six  months  after  this  section  takes 
effect.  Factories  hereafter  established  shall  be  so  registered 
within  thirty  days  after  the  commencement  of  business.  Within 
thirty  days  after  a  change  in  the  location  of  a  factory  the  owner 
thereof  shall  file  with  the  commissioner  of  labor  the  new  address 
of  the  business,  together  with  such  other  information  as  the  com- 
missioner of  labor  may  require.]  Every  employer,  except  those 
affected  by  sections  three  hundred  and  seventy  and  three  hundred 


140     Appendix  I  —  Bills  Submitted  to  the  Legislature 

and  seventy-one,  employing  persons  who  are  affected  hy  any  of  the 
provisions  of  this  chapter  shall,  ivithin  thirty  days  after  eirir 
ploymcnt  begins,  register  the  place  of  employment  with  the  com- 
missioner, giving  his  name,  his  home  address,  the  address 
of  the  business,  the  tvimc  under  which  it  is  carried  on,  the  number 
of  employees  atid  such,  other  data  as  the  cormnissioncr  may  require. 
Within  thirty  days  after  a  change  in  the  location  of  any  such  place 
of  employment,  the  employer  shall  file  the  new  address  with  the 
commissioner,  together  with  such  other  information  as  the  com- 
missioner may  recjuire.  Wheii  any  such  place  of  employment  is 
permanently  discontinued,  the  former  employer  shall  notify  the 
commissioner.  All  such  places  of  employment,  existing  when 
this  section  takes  effect,  shall  be  registered  within  thirty  days 
thereafter. 

Xote. —  Present  law  limited  to  factories.  This  section  extends  provision 
for  registration  to  all  employees  subject  to  the  chapter  except  operators  of 
mines,  tunnels  and  quarries.     Latter  covered  by  new  §  370. 

§  IJf^Jf..  Em,ployers'  report  of  accidents  to  employees.  Every 
employer  of  labor  affected  by  the  provisions  of  this  chapter  shall 
keep  a  record  of  every  accident  which  causes  personal  injury  to  or 
the  death  of  any  of  his  employees  in  the  course  of  their  employ- 
ment. The  record  shall  be  in  such  form  and  shall  contain  such 
information  as  the  commissioner  may  require.  Within  forty- 
eight  hours  after  any  such  accident,  the  employer  shall  send  to 
the  commissioner  a  report  thereof  stating  the  name,  address 
and  business  of  the  employer;  the  name,  address,  sex,  age, 
nationality  and  occupation  of  the  employee;  time,  place  and 
cause  of  the  accident;  the  nature  of  the  injury  and  the  probable 
extent  of  disability;  the  number  of  days  which  the  employee  had 
worked  for  such  employer  at  the  employment  in  which  he  was 
injured;  whether  he  was  paid  at  the  time  of  the  accident  on  the 
basis  of  time  or  output;  the  rate  of  the  employee's  wages  im- 
mediately preceding  the  accident,  and  such  other  information  as 
may  be  required  by  the  commissioner.  Subsequent  reports  of  the 
results  of  the  accident  and  of  the  condition  of  the  injured  employee 
shall  be  sent  by  the  employer  to  the  commissioner  at  such  times 
and  shall  contain  such  information  as  he  may  require.  Reports 
made  under  this  section  shall  not  be  evidence  of  the  facts  therein 
stated  in  any  action  arising  out  of  the  accident  therein  reported. 

Note. —  Taken  from  old  §§  20-a,  87  and  126,  omitting  the  portions  of  such 
sections  covered  by  other  provisions  of  the  new  law.  The  provisions  for 
subsequent  reports  of  the  result  of  the  accident  and  of  the  condition  of  the 
employee  are  new. 


Appendix  1  —  Bills  Submitted  to  the  Legislature     141 

§  C^^]  ^^^-  Physicians'  reports  of  industrial  poisoningfs  to  be 
reported].  1.  Every  [medical  practitioner]  physician  attending 
[on  or  called  in  to  visit  a  patient]  any  person  whom  he  believes  to 
be  suffering  from  poisoning  [from]  by  lead,  phosphorus,  arsenic, 
brass,  wood  alcohol,  mercury  or  their  compounds,  or  from  anthrax, 
or  [from]  compressed  air  illness,  contracted  as  the  result  of  the 
nature  of  [the  patient's]  such  persons  employment,  shall  send 
to  the  commissioner  [of  labor]  a  [notice]  report  stating  the 
name  and  [full  postal]  address  and  place  of  employment  of  [the 
patient]  such  person  and  the  disease  from  which[,  in  the  opinion 
of  the  medical  practitioner,  the  patient]  he  is  suffering,  with 
such  [other  and]  further  information  as  may  be  required  by  the 
[said]  commissioner. 

[2.  If  any  medical  practitioner,  when  required  by  this  section 
to  send  a  notice,  fails  forthwith  to  send  the  same,  he  shall  be 
liable  to  a  fine  not  exceeding  ten  dollars.] 

[3]  2.  i[It  shall  be  the  duty  of  the  commissioner  of  labor  to 
enforce  the  provisions  of  this  section,  and  he]  The  commissioner 
may  call  upon  the  state  and  local  boards  of  health  for  assistance 
in  the  enforcement  of  the  provisions  of  this  section. 

Note. —  Old  §  65,  sub.  2,  covered  by  new  §  405. 

§  [99-a.]  IJfO.  Laws  to  be  posted.  [Copies  or  digests  of  the 
provisions  of  this  chapter  and  of  the  rules  and  regulations  of  the 
industrial  board,  applicable  thereto,  in  English  and  in  such  other 
languages  as  the  commissioner  of  labor  may  require,  to  be  prepared 
and  furnished  by  the  commissioner  of  labor,  shall  be  kept  posted 
by  the  employer  in  such  conspicuous  place  or  places  as  the  com- 
missioner of  labor  may  direct  on  each  floor  of  every  factory  where 
persons  are  employed  who  are  affected  by  the  provisions  thereof.] 
Wherever  persons  are  employed  who  are  affected  by  the  provisions 
of  this  chapter  or  the  rules  of  the  industrial  board,  the  commis- 
sioner shall  furnish  to  the  employer  copies  or  abstracts  of  all  such 
provisions  and  rules  affecting  such  persons.  The  copies  or  ab- 
stracts shall  be  in  such  languages  as  the  commissioner  may  require 
and  shall  be  hept  posted  by  the  employer  in  conspicuous  places  on 
the  premises. 

Note. —  Rewritten  without  change  of  substance.     Covers  also  old  §  173. 

§  [15.]  lJf.7.  Labels,  brands  and  marks  used  by  labor  organiza- 
tions. A  union  or  association  of  employees  may  adopt  a  device 
in  the  form  of  a  label,  brand,  mark,  name  or  other  character  for 


142     Appendix  I  —  Bills  Submitted  to  the  Legislature 

the  purpose  of  designating  the  products  of  the  labor  of  the  mem- 
bers thereof.  Duplicate  copies  of  such  device  shall  be  filed  [in  the 
office  of]'  with  the  secretary  of  state,  who  shall,  under  his  hand 
and  seal,  deliver  to  the  union  or  association  filing  or  registering 
the  same  a  certified  copy  and  a  certificate  of  the  filing  thereof,  for 
which  he  shall  be  entitled  to  a  fee  of  one  dollar.  Such  certificate 
shall  not  be  assignable  by  the  union  or  association  to  whom  it  is 
issued. 

§  [16]  1^8.  Illegal  use  of  labels,  brands  and  marks  [a  misr 
demeanor]  ;  injunction  proceedings.  [A]  No  person  [who,  (1 )] 
shall  in  any  way  use  or  display  tho  label,  brand,  mark,  name 
or  other  character,  adopted  by  any  such  union  or  association  as 
provided  in  [the  preceding]  section  one  hundred  and  forty-seven, 
without  the  consent  or  authority  of  such  union  or  association;  or 
[(2)  shall]  counterfeit  or  imitate  any  such  label,  brand,  mark, 
name  or  other  character,  or  knowingly  8ell[s]  or  dispose[s]  of,  or 
keep[s]  or  [has]  have  in  his  possession  with  intent  to  sell  or  dis- 
pose of,  any  goods,  wares,  merchandise  or  other  products  of  labor, 
upon  which  any  such  counterfeit  or  imitation  is  attached,  affixed, 
printed,  stamped  or  impressed,  or  knowingly  sell[s]  or  dispose[s] 
of,  or  keepj[s]  or  [has]  have  in  his  possession  with  intent  to 
sell  or  dispose  of  any  goods,  wares,  merchandrse  or  other  products 
of  labor  contained  in  any  box,  case,  can  or  package,  to  which 
or  on  which  any  such  counterfeit  or  imitation  is  attached,  affixed, 
printed,  painted,  stamped  or  impressed.  [,  is  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  for  not  less  than  three  months  nor  more  than  one 
year,  or  by  both  such  fine  and  imprisonment]  After  filing  copies 
of  such  device,  [such]  the  union  or  association  may  [also]  main- 
tain an  action  to  enjoin  the  manufacture,  use,  display  or  sale  of 
counterfeit  or  colorable  imitations  of  such  device,  or  of  goods  bear- 
ing the  same,  or  the  unauthorized  use  or  display  of  such  device, 
or  of  goods  bearing  the  same,  and  the  court  may  restrain  such 
wrongful  manufacture,  use,  display  or  sale,  and  every  unauthor- 
ized use  or  display  by  others  of  the  genuine  devices  so  registered 
and  filed,  if  such  use  or  display  is  not  authorized  by  the  owner 
thereof,  and  may  award  to  the  plaintiff  such  damages  resulting 
from  such  wrongful  manufacture,  use,  display  or  sale  as  may  be 
proved,  together  with  the  profits  derived  therefrom. 


Appendix  I  —  Bills  Submitted  to  the  Legislatube     143 
ARTICLE  U. 

EMPLOYMENT  OF  CHILDREN  AND  FEMALES. 

Section  160.  Employment  of  children  under  the  age  of  fourteen 
years  prohibited. 

161.  Employment  of  children  between  the  ages  of  four- 

teen and  sixteen  years. 

162.  Employment  certificates;  how  issued. 

163.  Evidence  of  age. 

16 Jf..  Physical   examination  before  issuance   of  employ- 
ment certificate. 

165.  Examination    by    officer   issuing    employment    cer- 

tificate. 

166.  Contents  of  employment  certificate. 

167.  Supervision  over  issuance  of  employment  certificates. 

168.  Registers  of  children  employed. 

169.  Employment  of  children  apparently  under  the  age 

of  sixteen  years. 

170.  Prohibited  employment  of  children  and  females. 

171.  Employment  of  females  in  core  rooms. 

172.  Prohibited  employment  of  females  after  child  birth. 

173.  Physical  examination  of  children  employed. 
17k-  Physical  examination  of  females. 

175.  Seats  for  female  employees. 

§  [70  J  i  60.  Employment  of  [minors]  children  under  the 
age  of  fourteen  years  prohibited.  No  child  imder  the  age  of 
fourteen  years  shall  be  employed[,  permitted  or  suffered  to  work] 
in  or  in  connection  with  [any  factory  in  this  state,]  or  for  any 
factory,  [at  any  place  in  this  state.]  mercantile  establishment, 
business  office,  telegraph  office,  restaurant,  hotel,  apartment-house, 
theatre  or  other  place  of  amusement,  bowling  alley,  barber  shop, 
shoe-polishing  establishment,  or  in  the  distribution  or  transmission 
of  merchandise,  articles  or  messages,  or  in  the  sale  of  articles. 

[No  child  between  the  ages  of  fourteen  and  sixteen  years  shall 
be  so  employed,  permitted  or  suffered  to  work  unless  an  employ- 
ment certificate,  issued  as  provided  in  this  article,  shall  have 
been  theretofore  filed  in  the  office  of  the  employer  at  the  place  of 
employment  of  such  child.]  Nothing  [herein]  contained  in  this 
section  or  in  section  one  hundred  and  sixty-one  shall  prevent  a  per- 
son engaged  in  farming  from  permitting  his  children  to  do  farm 
work  for  him  upon  his  farm.  Boys  over  the  age  of  twelve 
years  may  be  employed  in  gathering  produce,  for  not  more  than 


144     Appendix  I  —  Bills  Submitted  to  the  Legislature 

six  hours  in  any  [one]  day,  subject  to  the  requirements  of  chap- 
ter twenty-one  of  the  laws  of  nineteen  hundred  and  nine,  entitled 
"An  act  relating  to  education,  constituting  chapter  sixteen  of  the 
consolidated  laws,"  and  all  acts  amendatory  thereof. 

Note. —  Taken  from  old  §  70,  as  to  factories,  and  §  162,  as  to  mercantile 
and  other  establishments.  Old  §  70,  second  sentence  as  to  children  between 
14  and  16,  covered  by  new  §  161. 

§  161.  Employment  of  children  between  the  ages  of  fourteen 
and  sixteen.  No  child  between  the  ages  of  fourteen  and  sixteen 
years  shall  be  employed  in  or  in  connection  with  or  for  any  factory, 
mercantile  or  other  establishment  or  business  specified  in  section 
one  hundred  and  sixty  unless  an  employment  certificate,  issued  as 
provided  in  this  article,  is  hept  on  file  in  the  office  of  the  employer 
at  the  place  of  employment  of  the  child. 

On  termination  of  the  employment,  the  certificate  shall,  except 
where  it  has  been  cancelled  under  the  provisions  of  section  one 
hundred  and  seventy-three,  be  surrendered  by  the  employer  to  the 
child  or  its  parent,  guardian  or  custodian. 

Note. —  First  paragraph  taken  from  old  §  70,  and  §  162;  second  paragraph 
taken  from  old  §  76  and  §  167. 

§  [71 J  162.  Employment  certificate,  how  issued.  [Such]  The 
employment  certificate  required  in  section  one  hundred  and  sixty- 
one  shall  be  issued  by  the  commissioner  of  health  or  the  executive 
officer  of  the  board  or  department  of  health  of  the  city,  town  or 
village  where  such  child  resides,  or  is  to  be  employed,  or  by  such 
other  officer  thereof  as  may  be  desigTiated  by  such  board,  depart- 
ment or  commissioner  for  that  purpose,  upon  the  application  of 
the  parent^  C^]  guardian  or  custodian  of  the  child  desiring 
[such]  employment.  Such  officer  shall  not  issue  [such]  the 
certificate  until  he  has  received,  examined,  approved  and  filed  the 
following  papers  duly  executed ;  [,  viz. :  The  school  record  of  such 
child  properly  filled  out  and  signed  as  provided  in  this  article; 
also,  evidence  of  age  showing  that  the  child  is  fourteen  years  old 
or  upwards,  which  shall  consist  of  the  evidence  thereof  provided 
in  one  of  the  following  subdivisions  of  this  section  and  which 
shall  be  required  in  the  order  herein  designated  as  follows; 

(a)  Birth  certificate:  A  duly  attested  transcript  of  the  birth 
certificate  filed  according  to  law  with  a  registrar  of  vital  statistics 
or  other  officer  charged  with  the  duty  of  recording  births,  which 
certificate  shall  be  conclusive  evidence  of  the  age  of  such  child. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     145 

(b)  Certificate  of  graduation :  A  certificate  of  graduation  duly 
issued  to  such  child  showing  that  such  child  is  a  graduate  of  a 
public  school  of  the  state  of  New  York  or  elsewhere,  having  a 
course  of  not  less  than  eight  years,  or  of  a  school  in  the  state  of 
New  York  other  than  a  public  school,  having  a  substantially 
equivalent  course  of  study  of  not  less  than  eight  years'  duration, 
in  which  a  record  of  the  attendance  of  such  child  has  been  kept 
as  required  by  article  twenty  of  the  education  law,  provided  that 
the  record  of  such  school  shows  such  child  to  be  at  least  fourteen 
years  of  age. 

(c)  Passport  or  baptismal  certificate:  A  passport  or  a  dulj 
attested  transcript  of  a  certificate  of  baptism  showing  the  date  of 
birth  and  place  of  baptism  of  such  child. 

(d)  Other  documentary  evidence:  In  case  it  shall  appear  to 
the  satisfaction  of  the  officer  to  whom  application  is  made,  as 
herein  provided,  for  an  employment  certificate,  that  a  child  for 
whom  such  certificate  is  requested,  and  who  has  presented  the 
school  record,  is  in  fact  over  fourteen  years  of  age,  and  that 
satisfactory  documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preceding  sub- 
divisions of  this  section,  and  that  none  of  the  papers  mentioned 
in  said  subdivision  can  be  produced,  then  and  not  otherwise  he 
shall  present  to  the  board  of  health  of  which  he  is  an  ofiicer  or 
agent,  for  its  action  thereon,  a  statement  signed  by  him  showing 
such  facts,  together  with  such  affidavits  or  papers  as  may  have 
been  produced  before  him  constituting  such  evidence  of  the  age 
of  such  child,  and  the  board  of  health,  at  a  regular  meeting  thereof, 
may  then,  by  resolution,  provide  that  such  evidence  of  age  shall 
be  fully  entered  on  the  minutes  of  such  board,  and  shall  be  re- 
ceived as  sufficient  evidence  of  the  age  of  such  child  for  the  pur- 
pose of  this  section. 

(e)  Physicians'  certificates :  In  cities  of  the  first  class  only,  in 
case  application  for  the  issuance  of  an  employment  certificate  shall 
be  made  to  such  officer  by  a  child's  parent,  guardian  or  custodian 
who  alleges  his  inability  to  produce  any  of  the  evidence  of  age 
specified  in  the  preceding  subdivisions  of  this  section,  and  if  the 
child  is  apparently  at  least  fourteen  years  of  age,  such  officer  may 
receive  and  file  an  application  signed  by  the  parent,  guardian  or 
custodian  of  such  child  for  physicians'  certificates.  Such  applica- 
tion shall  contain  the  alleged  age,  place  and  date  of  birth,  and 
present  residence  of  such  child,  together  with  such  further  facts 
as  may  be  of  assistance  in  determining  the  age  of  such  child. 


146     Appendix  I  —  Bills  Submitted  to  the  Legislature 

Such  application  shall  be  filed  for  not  less  than  ninety  days  after 
date  of  such  application  for  such  physicians'  certificates,  for  an 
examination  to  be  made  of  the  statements  contained  therein,  and 
in  case  no  facts  appear  within  such  period  or  by  such  examination 
tending  to  discredit  or  contradict  any  material  statement  of  such 
application,  then  and  not  otherwise  the  officer  may  direct  such 
child  to  appear  thereafter  for  physical  examination  before  two 
physicians  officially  designated  by  the  board  of  health,  and  in 
case  such  physicians  shall  certify  in  writing  that  they  have  sepa- 
rately examined  such  child  and  that  in  their  opinion  such  child 
is  at  least  fourteen  years  of  age  such  officer  shall  accept  such 
certificates  as  sufficient  proof  of  the  age  of  such  child  for  the  pur- 
poses of  this  section.  In  case  the  opinions  of  such  physicians 
do  not  concur,  the  child  shall  be  examined  by  a  third  physician 
and  the  concurring  opinions  shall  be  conclusive  for  the  purpose 
of  this  section  as  to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified  in  sub- 
division (a)  in  preference  to  that  specified  in  any  subsequent 
subdivision  and  shall  not  accept  the  evidence  of  age  permitted 
by  any  subsequent  subdivision  unless  he  shall  receive  and  file  in 
addition  thereto  an  affidavit  of  the  parent  showing  that  no  evi- 
dence of  age  specified  in  any  preceding  subdivision  or  subdivisions 
of  this  section  can  be  produced.  Such  affidavit  shall  contain  the 
age,  place  and  date  of  birth,  and  present  residence  of  such  child, 
which  affidavit  must  be  taken  before  the  officer  issuing  the  em- 
ployment certificate,  who  is  hereby  authorized  and  required  to 
administer  such  oath  and  who  shall  not  demand  or  receive  a  fee 
therefor.  Such  employment  certificate  shall  not  be  issued  until 
such  child  further  has  personally  appeared  before  and  been  ex- 
amined by  the  officer  issuing  the  certificate,  and  until  such  officer 
shall,  after  making  such  examination,  sign  and  file  in  his  oflBce  a 
statement  that  the  child  can  read  and  legibly  write  simple  sen- 
tences in  the  English  language  and  that  in  his  opinion  the  child 
is  fourteen  years  of  age  or  upwards  and  has  reached  the  normal 
development  of  a  child  of  its  age,  and  is  in  sound  health  and  is 
physically  able  to  perform  the  work  which  it  intends  to  do.  Every 
such  employment  certificate  shall  be  si^ed,  in  the  presence  of  the 
officer  issuing  the  same,  by  the  child  in  whose  name  it  is  issued. 
In  every  case,  before  an  employment  certificate  is  issued,  such 
physical  fitness  shall  be  determined  by  a  medical  officer  of  the 
department  or  board  of  health,  who  shall  make  a  thorough  physical 
examination  of  the  child  and  record  the  result  thereof  on  a  blank 


Appendix  I  —  Bills  Submitted  to  the  Legislature     147 

to  be  furnished  for  the  purpose  by  the  state  commissioner  of  labor 
and  shall  set  forth  thereon  such  facts  concerning  the  physical  con- 
dition and  history  of  the  child  as  the  commissioner  of  labor  may 
require.] 

1.  The  evidence  of  age  of  the  child. 

2.  The  record  of  the  physical  examination  of  the  child. 

3.  The  child's  school  record  certificate  which  shall  contain  a 
statement  certifying  that  a  child  has  regularly  attended  the  public 
schools,  or  schools  equivalent  thereto,  or  parochial  schools,  for  not 
less  than  one  hundred  and  thirty  days  during  the  twelve  months 
next  preceding  his  fourteeyith  birthday  or  during  the  twelvel 
months  next  preceding  his  application  for  su/'h  school  record,  and 
that  he  is  able  to  read  and  write  simple  sentences  in  the  English 
language  and  has  received  during  such  period  instruction  in  read- 
ing, writing,  spelling,  English  grammar  and  geography  and  is 
familiar  loith  the  fundamental  operations  of  arithmetic  up  to  and 
including  fractions,  and  has  completed  the  work  prescribed  for 
the  first  six  years  of  the  public  elementary  school,  or  school  equiv- 
alent thereto,  or  parochial  school,  from  ivhich  such  school  record 
is  issued.  Such  record  shall  also  give  the  date  of  birth  and  resi- 
dence of  the  child,  as  shown  on  the  school  records,  and  the  name 
of  the  child's  parents,  guurdian  or  custodian. 

Note. —  Taken  from  old  §  70,  preliminary  paragrapli,  and  old  §  163,  pre- 
liminary paragraph.  Old  §  71,  subs,  a-e,  except  last  *hree  sentences,  covered 
by  new  §  163.  Old  §  71,  second  and  third  sentences  from  end  requiring  child- 
ren to  personally  appear,  etc.,  covered  by  new  §§  165  and  166.  Old  §  71,  last 
sentence,  covered  by  new  §  164. 

§  163.  Evideyice  of  age.  The  evidence  of  age  shall  show  that  the 
child  is  over  the  age  of  fourteen  years,  and  shall  be  as  provided  in 
one  of  the  following  subdivisions: 

1.  Birth  certificate;  passport  or  baptismal  certificate.  A  duly 
attested  transcript  of  the  birth  certificate  filed  according  to  law 
with  a  registrar  of  vital  statistics  or  other  officer  charged  with  the 
duty  of  recording  births;  or  a  passport  or  a  duly  attested  trans- 
cript of  a  certificate  of  baptism. 

2.  Certificate  of  graduation.  A  certification  of  graduation 
showing  that  such  child  is  a  graduate  of  a  public  school  having 
a  course  of  not  less  than  eight  years,  or  of  a  school  in  the  state 
of  New  York  other  than  a  public  school,  having  a  substantially 
equivalent  course  of  study  of  not  less  than  eight  years,  in  which 
a  record  of  the  attendance  of  such  child  has  been  kept  as  required 
by  article  twenty  of  the  education  law. 


148     Appendix  I  —  Bills  Submitted  to  the  Leqislatueb 

3.  Other  documentary  evidence.  If  the  child,  for  whom  an  ap- 
plication for  an  employment  certificate  is  made,  is  apparently 
over  the  age  of  fourteen  years  and  has  presented  his  school  record 
certificate,  and  if  satisfactory  documentary  evidence  of  age 
can  he  produced  which  does  not  fall  within  any  of  the  pre- 
ceding subdivisions  of  this  section,  and  none  of  the  papers  meiv- 
tioned  in  the  preceding  subdivision  can  he  produced  then  and  not 
otherwise,  the  officer  issuing  employment  certificates  shall  present 
to  the  hoard  of  health  of  which  he  is  an  officer 
or  agent,  a  statement  signed  hy  him  showing  such  facts, 
together  with  such  papers  as  may  have  been  received  by  him  con- 
stituting such  evidence.  The  commissioner  of  health  or  the  exec- 
utive officer  of  the  hoard  or  department  of  health  may  then  accept 
such  evidence  as  sufficient  as  to  the  age  of  such  child,  and  such 
evidence  shall  be  fully  entered  on  the  minutes  of  the  board  at  the 
next  meeting  thereof. 

4.  Physicians*  certificates.  In  cities  of  the  first  class  only, 
if  the  child,  for  whom  an  application  for  an  employment  certificate 
is  made,  is  apparently  over  the  age  of  fourteen  years  the  officer 
issuing  employment  certificates  may  receive  and  file  an  applica- 
tion signed  hy  the  parent,  guardian  or  custodian  of  such  child  for 
physicians'  certificates.  The  application  for  physicians'  certifi- 
cates shall  contain  the  name,  place  and  date  of  birth,  and  resi- 
dence of  the  child,  together  with  such  further  facts  as  may  he  of 
assistance  in  determining  the  age  of  such  child,  and  shall  remain 
on  file  for  not  less  than  sixty  days.  An  examination  shall  be 
made  of  the  statements  contained  therein,  and  if  no  facts  appear 
within  such  period  or  hy  such  examination  tending  to  discredit 
or  contradict  any  material  statement  in  the  application,  the  officer 
shall  direct  the  child  to  appear  thereafter  for  physical  examination 
before  two  physicians  designated  by  the  hoard  of  health.  If  the 
physicians  certify  in  writing  that  they  have  separately  examined 
the  child  and  that  in  their  opinion  the  child  is  over  the  age  of 
fourteen  years  such  certificates  shall  he  sufficient  evidence  as  to  the 
age  of  such  child.  If  the  opinions  of  the  physicians  do  not  con- 
cur, the  child  shall  be  examined  hy  a  third  physician  designated 
by  the  hoard  of  health  and  the  concurring  opinions  shall  he  suffi- 
cient evidence  as  to  the  age  of  such  child. 

The  officer  issuing  employment  certificates  shall  require  the 
evidence  of  age  in  the  order  hereinabove  designated  and  shall  not 
accept  the  evidence  permitted  by  any  subdivision,  other  than  sub- 
division one,  unless  he  receives  and  files  in  addition  thereto  an 


Appendix  I  —  Bills  Submitted  to  the  Legislature     149 

affidavit  of  the  parent,  guardian  or  custodian  of  the  child  stating 
that  no  evidence  specified  in  any  preceding  subdivision  can  he 
produced.  Such  affidavit  shall  contain  the  name,  place  and  date 
of  birth,  and  residence  of  the  child,  and  shall  be  taken  before  the 
officer  issuing  the  employment  certificate,  who  is  hereby  au- 
thorized and  required  to  administer  such  oath  and  who  shall  not 
demand  or  receive  a  fee  therefor. 

Note. —  Taken  from  old  §  71,  subs,  a-e,  and  §  163,  subs,  a-e,  witliout  change 
of  substance. 

§  16J^.  Physical  examination  before  issuance  of  employment 
certificate.  A  medical  officer  of  the  department  or  board  of  health 
shall  make  a  thorough  physical  examination  of  every  child  for 
whom  un  application  for  an  employment  certificate  is  made.  He 
shall  record  the  result  of  such  examination  and  such  other  facts 
concerning  the  child's  physical  condition  and  history  as  the  com- 
missioner may  require  on  blanks  to  be  prepared  and  furnished  by 
the  commissioner,  and  shall  sign  the  record  so  made.  The  medical 
officer  shall  file  such  record  with  the  officer  issuing  employment 
certificates,  and  no  employment  certificate  shall  be  issued  unless 
sitch  record  states  that  the  child  is  normally  developed  for  a  child 
of  its  age  and  is  in  sound  health  and  physically  fit  to  work. 

Note. —  Taken  from  old  §  71,  sub.  e,  and  §  163,  sub.  e,  without  change  of 
substance. 

§  165.  Examination  by  officer  issuing  employment  certificates. 
No  employment  certificate  shall  be  issued  for  any  child  unless 
the  child  has  personally  appeared  before  and  been  examined  by 
the  officer  issuing  the  certificate,  and  unless  such  officer  has,  after 
making  the  examination,  signed  and  filed  in  his  office  a  statement 
that  in  his  opinion  the  child  is  over  the  age  of  fourteen  years 
and  has  reached  the  normal  development  of  a  child  of  its  age, 
and  is  in  sound  health  and  is  physically  fit  to  work,  and  that  it 
can  read  and  legibly  write  correctly  simple  sentences  in  the 
English  language. 

Note. —  Taken  from  old  §  71,  sub.  e,  and  §  163,  sub.  e,  without  change  of 
substance. 

§  [72]  166.  Contents  of  employment  certificate.  [Such]  The 
employment  certificate  shall  contain  the  name,  sex,  natioTwlity , 
[state]  the  date  and  place  of  birth,  [of  the  child,  and  describe  the 
color  of  the  hair  and  eyes,],  the  height  and  weighty  the  color  of  hair 


150     Appendix  I  —  Bills  SuBiniTED  to  the  Legislatuee 

and  eyes  and  any  distinguishing  [facial]  physical  marks  of 
[such]  the  child,  and  shall  certify  that  the  papers  required  bj  [the 
preceding]  section  one  hundred  and  sixty-two  have  been  duly  ex- 
amined, approved  and  filed  and  that  the  child  named  in  such 
certificate  has  appeared  before  the  officer  signing  the  certificate 
and  been  examined.  It  shall  bear  the  date  of  its  issue,  and  shall 
he  signed  by  the  officer  issuing  it  and,  in  his  presence,  by  the 
child  for  whom  it  is  issued. 

Note. —  Also  covers  old  §  164.  Last  sentence  taken  from  old  §  71,  sub.  e, 
and  §  163,  sub.  e. 

§  [75]  167.  Supervision  over  issuance  of  employment  certifi- 
cates. [The  board  or  department  of  health  or  health  commissioner 
of  a  city,  village  or  town,]  The  officer  issuing  employment  certifi- 
cates shall  transmit,  [between  the  first  and]  on  or  before  the  tenth 
day  of  each  month,  to  the  commissioner  [of  labor,]  a  list  of  the 
names  of  all  children  [to]  for  whom  certificates  have  been  issued 
during  the  preceding  month,  together  with  a  duplicate  [of  the]  rec- 
ord of  [every]  all  physical  examinations  [as  to  the  physical  fit- 
ness,] made  under  section  one  hundred  and  sixty-four  including 
examinations  resulting  in  rejection.  In  cities  of  the  first  and  sec- 
ond class  all  employment  certificates  and  school  record[s]  certifi- 
cates required  [under  the  provisions  of]  by  this  chapter  shall  be  in 
[such]  a  form  [as  shall  be]  approved  by  the  commissioner,  [of 
labor.  In  towns,  villages  or  cities  other  than  cities  of  the  first 
or  second  class,  the  commissioner  of  labor  shall  prepare  and  fur- 
nish blank  forms  for  such  employment  certificates  and  school 
records.]  and  elsewhere  they  shall  be  on  blank  forms  prepared 
and  furnished  by  him.  No  [school  record  or]  employment  cer- 
tificate or  school  record  certificate  required  by  this  [article,] 
chapter,  other  than  those  approved  or  furnished  by  the  commis- 
sioner [of  labor]  as  above  provided,  shall  be  used.  The  com- 
missioner [of  labor]  shall  inquire  into  the  administration  and 
enforcement  of  the  provisions  of  this  article  by  all  public  officers 
charged  with  the  duty  of  issuing  employment  certificates,  and  for 
that  purpose  the  commissioner  [of  labor]  shall  have  access  to 
all  papers  and  records  required  to  be  kept  by  all  such  officers. 
Note. — Also  covers  old  §  166. 

§  [76]  168.  Eegist[ry]ers  of  children  employed.  [Each  per- 
son owning  or  operating  a  factory  and  employing  children  therein 
shall  keep  or  cause  to  be  kept  in  the  office  of  such  factory,  a 


Appendix  T  —  Bills  Submitted  to  the  Legislature     151 

register,  in  which  shall  be  recorded  the  name,  birthplace,  age  and 
place  of  residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in  such  office 
shall  be  produced  for  inspection  upon  the  demand  of  the  commis- 
sioner of  labor.  On  termination  of  the  employment  of  a  child  so 
registered,  and  whose  certificate  is  so  filed,  said  certificate  shall  bo 
forthwith  surrendered  by  the  employer  to  the  child  or  its  parent  or 
guardian  or  custodian.  The  commissioner  of  labor  may  make 
demand  on  an  employer  in  whose  factory  a  child  apparently  under 
the  age  of  sixteen  years  is  employed  or  permitted  or  suffered  to 
work,  and  whose  employment  certificate  is  not  then  filed  as  re- 
quired by  this  article,  that  such  employer  shall  either  furnish  him, 
within  ten  days,  evidence  satisfactory  to  him  that  such  child  is 
in  fact  over  sixteen  years  of  age,  or  shall  cease  to  employ  or  per- 
mit or  suffer  such  child  to  work  in  such  factory.  The  commis- 
sioner of  labor  may  require  from  such  employer  the  same  evidence 
of  age  of  such  child  as  is  required  on  the  issuance  of  an  employ- 
ment certificate ;  and  the  employer  furnishing  such  evidence  shall 
not  be  required  to  furnish  any  further  evidence  of  the  age  of  the 
child.  A  notice  embodying  such  demand  may  be  served  on  such 
employer  personally  or  may  be  sent  by  mail  addressed  to  him  at 
said  factory,  and  if  served  by  post  shall  be  deemed  to  have  been 
served  at  the  time  when  the  letter  containing  the  same  would  be 
delivered  in  the  ordinary  course  of  the  post.  When  the  employer 
is  a  corporation  such  notice  may  be  served  either  personally  upon 
an  officer  of  such  corporation,  or  by  sending  it  by  post  addressed 
to  the  office  or  the  principal  place  of  business  of  such  corporation. 
The  papers  constituting  such  evidence  of  age  furnished  by  the 
employer  in  response  to  such  demand  shall  be  filed  with  the  com- 
missioner of  labor  and  a  material  false  statement  made  in  any  such 
paper  or  affidavit  by  any  person  shall  be  a  misdemeanor.  In  case 
such  employer  shall  fail  to  produce  and  deliver  to  the  commis- 
sioner of  labor  within  ten  days  after  such  demand  such  evidence 
of  age  herein  required  by  him,  and  shall  thereafter  continue  to 
employ  such  child  or  permit  or  suffer  such  child  to  work  in  such 
factory,  proof  of  the  giving  of  such  notice  and  of  such  failure  to 
produce  and  file  such  evidence  shall  be  prima  facie  evidence  in  any 
prosecution  brought  for  a  violation  of  this  article  that  such  child 
is  under  sixteen  years  of  age  and  is  unlawfully  employed.]  The 
employer  of  children  for  whom  emqyloyment  certificates  have 
been  issued  shall  keep  a  register  which  shall  contain  the  name. 


152     Appendix  I  —  Bills  Submitted  to  the  Legislature 

8cx^  nationality,  date  and  place  of  hirth,  and  place  of  residence 
of  every  child  so  employed.  The  register  and  the  employment 
certificate  kept  on  file  in  accord  with  section  one  hundred  and 
sixty-one  shall  he  produced  for  inspection  upon  the  demand  of  the 
commissioner. 

Note. —  Taken  from  old  §§  76  and  167,  in  part,  without  change  of  substance. 
Old  §  76,  third  sentence,  in  regard  to  transfer  of  certificate,  covered  by  new 
§  161.    The  remainder  of  old  §  76  is  covered  by  new  §  169. 

§  169.  Employment  of  children  apparently  under  the  age  of 
sixteen  years.  1.  If  any  child,  apparently  under  the  age  of  six- 
teen years,  is  employed  in  or  in  connection  with  or  for  any  factory, 
mercantile  or  other  establishment  or  hv^ness  specified  in  section 
one  hundred  and  sixty  and  no  employment  certificate  for  such 
child  is  on  file  with  the  employer,  the  commissioner  may  demand 
that  the  employer  of  such  child  shall  furnish  within  ten  days  after 
demand  evidence  satisfactory  to  the  commissioner  that  the  child  is 
over  the  age  of  sixteen  years,  or  that  he  shall  cease  to  employ  the 
child.  The  commissioner  shall  require  the  age  of  the  child  to  he 
established  in  the  manner  prescribed  in  section  one  hundred  and 
sixty-three  and  the  employer  furnishing  evidence  in  such  manner 
shall  not  he  required  to  furnish  any  further  evideiice  of  the  age  of 
the  child.  The  papers  constituting  such  evidence  shall  be  filed  with 
the  commissioner. 

2.  The  demand  for  evidence  may  be  served  personally  upon  the 
employer  or,  if  the  employer  is  a  corporation,  upon  an  officer 
thereof,  or  it  may  be  sent  by  mail  addressed  to  the  employer  at  the 
factory  or  mercantile  or  other  establishment  or,  if  the  employer 
is  a  corporation,  addressed  to  the  office  or  principal  place  of  busi- 
ness thereof.  If  it  is  sent  by  mail,  it  shall  be  deemed  to  have  been 
served  at  the  time  when  the  letter  containing  the  same  should  have 
been  delivered  in  the  ordinary  course  of  the  mail. 

3.  If  the  employer  fails  to  furnish  such  evidence  within  ten 
days  after  demand,  and,  after  such  ten  days,  continues  to  employ 
the  child  in  or  in  connection  with  or  for  any  factory,  mercantile 
or  other  establishment  or  business  specified  in  section  one  hundred 
and  sixty,  proof  of  the  service  of  the  demand  and  of  the  failure  to 
furnish  such  evidence  shall,  in  any  prosecution  brought  for  a 
violation  of  this  article,  be  prima  facie  evidence  that  such  child 
is  under  the  age  of  sixteen  years  and  is  unlawfully  employed. 

Note. —  Taken  from  old  §§  76  and  167,  rewritten  without  change  of  sub- 
stance. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     153 

§  [93]  170.  Prohibited  employment  of  [women  and]  children 
and  females.  1.  No  child  under  the  age  of  sixteen  years  shall  be 
employed  [or  permitted  to  work]  in  operating  or  assisting  in 
operating  any  of  the  following  machines: 

a.  [[c]  Circular    or    band    saws,    woodshapers,    wood  jointers, 

planers,  sandpaper  or  woodpolishing  machinery; 
h.   [p]Picker   machines    or   machines  used   in   picking  wool, 
cotton,  hair  or  any  upholstery  material; 

c.  [p]Paper  lace  machines; 

d.  [b]-Burnishing  machines  in  any  tannery  or  leather  |[manu-] 

factory ; 

e.  [j]'/ob  or  cylinder  printing  presses  having  motive  power 

other  than  foot; 
/•  [w] TFood-tuming  or  boring  machinery; 
g.  j[d]Z>rill  presses; 

h.   [m]ilfetal  or  paper  cutting  machines; 
i.  [c] Comer  staying  machines  in  paper  box  factories; 
;'•  [s]6'tamping  machines   used   in   sheet  metal   and   tinware 

manufacturing  or  in  washer  and  nut  factories ; 
h.  [m]lfachines  used  in  making  corrugating  rolls; 

1.  [s]5^team  boilers; 

m.  [d]Z>ough  brakes  or  cracker  machinery  [of  any  descrip- 
tion] ; 

n.  [w] IFire  or  iron  straightening  machinery; 

0.  [r]i2olling  mill  machinery; 

p.  [p]Power  punches  or  shears; 

q.   [w] Trashing,  grinding  or  mixing  machinery; 

r.  [[c] Calendar  rolls  in  rubber  manufacturing; 

s.  [or  l]Laundering  machinery;  [or  in  operating  or  assisting 
in  operating] 

t.  [a]4ny  other  [machines  or]'  machinery  [which  may  be] 
found  by  the  industrial  board  to  be  dangerous  and  so 
specified  [as  such  from  time  to  time]  in  its  rules  [and 
regulations  adopted  by  such  board]. 

2.  N^o  child  under  the  age  of  sixteen  years  shall  be  employed 
[or  permitted  to  work  at]  in: 

a.  [a]4d3usting  or  assisting  in  adjusting  any  belt  to  any  ma- 
chinery ; 

h.   [o] Oiling  or  assisting  in  oiling,  wiping  or  cleaning  ma- 
chinery ; 
[or  in  any  capacity  in] 


154     Appendix  I  —  Bills  Submitted  to  the  Legislature 

c.  [p]Preparing    any    composition    in    which    dangerous    or 

poisonous  acids  arc  used ;  I[or  in] 

d.  [The  manufacture]  Manufacturing  or  packing  [of]  paints, 

dry  colors,  or  red  or  white  lead;  [or] 
c.  ![d]lZ>ipping  or  dyeing  matches;  [or  in] 
/.   [The    manufacture,]    Manufacturing,    packing    or    storing 
[of]  powder,  dynamite,  nitroglycerine  compounds,  fuses, 
or  other  explosives;  [or  in] 
g-   [o]Or  about  any  distillery,  brewery,  or  any  other  establish- 
ment where  malt  or  alcoholic  liquors  are  manufactured, 
packed,  wrapped,  or  bottled ;  [and  no] 
3.  No  female  under  the  age  of  sixteen  shall  be  employed  [or 
permitted  to  work]  in  any  capacity  where  such  employment  com- 
pels her  to  [remain  standing]  stand  constantly. 

J/..  No  child  under  the  age  of  sixteen  years  shall  be  employed  [or 
permitted]  to  have  the  care[,  custody]  or  management  of  or  to 
operate  an  elevator  either  for  freight  or  passengers.  No  person 
under  the  age  of  eighteen  years  shall  be  employed  [or  permitted] 
to  have  the  carej[,  custody]  or  management  of  or  to  operate  an 
elevator  either  for  freight  or  passengers  running  at  a  vspeed  of 
over  two  hundred  feet  a  minute. 

5.  No  male  [person]  under  the  age , of  eighteen  years  [or 
woman]  nor  any  female  under  twenty-one  years  of  age  shall  be 
[permitted  or  directed]  employed  or  directed  to  clean  machinery 
while  it  is  in  motion. 

6.  No  male  [child]  under  the  age  of  eighteen  years,  nor  any 
female,  shall  be  employed  in  any  factory  [in  this  state]  in  oper- 
ating or  using  any  emery,  tripoli,  rouge,  corundum,  stone,  car- 
borundum or  [any]  other  abrasive,  or  emery  polishing  or  buffing 
wheel,  [where  articles  of  the  baser  metals  or  of  iridium  are 
manufactured]  in  the  manufacture  of  articles  of  the  baser  m.etals 
or  iridium. 

7.  No  child  under  the  'age  of  sixteen  years  shall  he  employed 
in  or  in  connection  with  any  mine  or  quarry  nor  shall  any  female 
he  employed  in  any  mine  or  quarry. 

[3]5.  In  addition  to  the  cases  provided  for  in  the  foregoing 
subdivisions,  the  industrial  board,  when  [as  a  result  of  its  investi- 
gations] it  finds  that  any  particular  trade,  process  of  manufac- 
ture, or  occupation,  or  particular  method  of  carrying  on  any  trade, 
process  of  manufacture,  or  occupation,  is  dangerous  or  injurious 
to  the  health  of  minors  under  eighteen  years  of  age  employed 


Appendix  I  —  Bills  SuBinxTED  to  the  Legislatuee     155 

therein,  [shall  have  power  to]  may  adopt  rules  [and  regulations] 
prohibiting  or  regulating  the  employment  of  such  minors  therein. 
[4.  No  female  shall  be  employed  or  permitted  to  work  in  any 
brass,  iron  or  steel  foundry,  at  or  in  connection  with  the  making 
of  cores  where  the  oven  in  which  the  cores  are  baked  is  located  and 
is  in  operation  in  the  same  room  or  space  in  which  the  cores  are 
made.  The  erection  of  a  partition  separating  the  oven  from  the 
space  where  the  cores  are  made  shall  not  be  sufficient  unless  the 
said  partition  extends  from  the  floor  to  the  ceiling,  and  the  parti- 
tion is  so  constructed  and  arranged,  and  any  openings  therein  so 
protected  that  the  gases  and  fumes  from  the  core  oven  will  not 
enter  the  room  or  space  in  which  the  women  are  employed.  The 
industrial  board  shall  have  power  to  adopt  rules  and  regulations 
regulating  the  construction,  equipment,  maintenance  and  opera- 
tion of  core  rooms  and  the  size  and  weight  of  cores  that  may  be 
handled  by  women,  so  as  to  protect  the  health  and  safety  of  women 
employed  in  core  rooms.] 

Note. —  Subdivision  1  taken  from  old  §  93,  sub.  1.  Subdivisions  2,  3,  4,  5 
and  6  taken  from  old  §  93,  sub.  2.  Subdivision  7  taken  from  old  §  131.  Sub- 
d'vision  8  taken  from  old  §  93,  sub.  3.    Old  §  93,  sub.  4,  made  new  §  171. 

§  171.  Employment  of  females  in  core-rooms.  No  femule  shall 
be  employed  in  any  foundry,  at  or  in  connection  with  the  making 
of  cores  where  the  oven  in  which  the  cores  are  hdked  is  located  and 
is  in  operation  in  the  same  room  or  space  in  which  the  cores  are 
made.  The  erection  of  a  partition  separating  the  oven  from  the 
space  where  the  cores  are  made  shall  not  he  sufficient  unless  the 
partition  extends  from  the  floor  to  the  ceiling,  and  the  partition  is 
so  constructed  and  arranged,  and  any  openings  therein  so  protected 
that  the  gases  and  fumes  from  the  core  oven  will  not  enter  the  room 
or  space  in  which  the  women  are  employed.  The  industrial  hoard 
shall  adopt  rules  regulating  the  construction,  equipment,  mainte- 
nance and  operation  of  core-rooms  and  the  size  and  weight  of  cores 
that  may  he  handled  hy  women. 

Note.—  Taken  from  old  §  93,  sub.  4. 

§  [93-a]  112.  Prohibited  [E]employment  of  females  after 
childbirth  [prohibited].  [It  shall  be  unlawful  for  the]  No 
owner,  proprietor,  manager,  foreman  or  other  person  in  authority 
[of]  in  any  factory,  or  mercantile  establishment[,  mill  or 
workshop  to]  shall  knowingly  employ  a  female  or  permit  a  female 
to  be  employed  therein  within  four  weeks  after  she  has  given 
birth  to  a  child. 


156     Appendix  I  —  Bills  Submitted  to  the  Legislatueb 

§  £76-a]  17 S.  Physical  examination  of  children  £in  factories; 
cancellation  of  employment  certificates.]  employed.  1.  [All 
children]  Whenever  required  by  the  commissioner^  every  child  be- 
tween the  ages  of  fourteen  and  sixteen  years  |[of  age]  employed 
in  [factories]  establishments  specified  in  section  one  hundred 
and  sixty  for  whom  an  employment  certificate  ha^  been  issued 
shall  submit  to  a  physical  examination  [whenever  required]  by 
a  medical  inspector  of  the  [state]  department  [of  labor].  The 
result  of  [all]  such  [physical]  examinations  shall  be  recorded 
on  blanks  [furnished  for  that  purpose  by  the  commissioner  of 
labor,]  and  [shall  be]  kept  on  file  in  [such  office  or  offices  of] 
the  department  [as  the  commissioner  of  labor  may  designate]. 

2.  If  any  such  child  [shall]  fails  to  submit  to  such  [physical] 
examination,  or  if  on  examination  the  inspector  finds  the  child 
physically  unfit  to  be  employed,  he  shall  submit  a  report  to  that 
effect,  and  the  commissioner  [of  labor]  may  then  issue  an 
order  cancelling  [such]  the  child's  employment  certificate.  Such 
order  shall  be  served  upon  the  child's  employer  [of  such  child] 
who  shall  forthwith  deliver  to  [an  authorized  representative  of] 
the  department  [of  labor]  the  child's  employment  certificate.  A 
certified  copy  of  the  order  [of  cancellation]  shall  be  served  on 
the  board  of  health  or  other  local  authority  that  issued  the 
[said]  certificate.  [No  such  child  whose  employment  certificate 
has  been  cancelled,  as  aforesaid,  shall,  while  said  cancellation  re- 
mains unrevoked,  be  permitted  or  suffered  to  work  in  any  factory 
of  the  state  before  it  attains  the  age  of  sixteen  years.] 

3.  If  [thereafter  such]  a  child  [shall]  tvho  has  refused  sub- 
sequently submits  to  the  physical  examination  required,  and  is 
found  to  be  in  pro.per  physical  condition  to  be  employed  [the  com- 
missioner of  labor  may  issue  an  order  revoking  the  cancellation 
of  the  employment  certificate  and  may  return  the  employment 
certificate  to  such  child.  Copies  of  the  order  of  revocation 
shall  be  served  upon  the  former  employer  of  the  child 
and  the  local  board  of  health  as  aforesaid.  3.  If  as  a 
result  of  the  physical  examination  made  by  a  medical  in- 
spector it  appears  that  the  child  is  physically  unfit  to  be  employed 
in  a  factory,  such  medical  inspector  shall  forthwith  submit  a  report 
to  that  effect  to  the  commissioner  of  labor  which  shall  be  kept  on 
file  in  the  office  of  the  commissioner  of  labor,  setting  forth  in  de- 
tail his  reasons  therefor,  and  the  commissioner  of  labor  may  issue 
an  order  cancelling  the  employment  certificate  of  such  child.  Such 
order  of  cancellation  shall  be  served,  and  the  child's  employment 
certificate  delivered  up,  as  provided  in  subdivision  two  hereof,  and 


Appendix  I  —  Bills  Submitted  to  the  Legislature     157 

no  such  child  while  the  said  order  of  cancellation  remains  unre- 
voked shall  be  permitted  or  suffered  to  work  in  any  factory  of  the 
state  before  it  attains  the  age  of  sixteen  years.  If]  or  if  upon  a 
subsequent  physical  examination  of  [the]  any  child  [by  a  med- 
ical] the  inspector  [of  the  department  of  labor  it  appears]  jiTids 
[[that  the  physical  infirmities  have  been  removed,]  it  is  in  fit  con- 
dition to  be  employed  [such  medical  inspector  shall  certify  to  that 
effect  to  the  commissioner  of  labor,  and]  the  commissioner  [of 
labor]  may  [thereupon  make]  file  in  the  department  an  order  re- 
voking [the]  such  cancellation  [of  the  employment  certificate] 
and  may  return  the  certificate  to  [such]  the  child.  A  certified 
copy  of  the  order  [of  revocation]  shall  be  served  [in  the  manner 
provided  in  subdivision  two  hereof.]  mi  the  hoard  of  health  or 
other  local  authority  that  issued  the  certificate. 

Note. —  Taken  from  old  §  76-a.     Applicable  to  factories  only  and  extended 
to  all  establishments  in  which  an  employment  certificate  is  required. 

§  nJf-.  Physical  examination  of  females.  Whenever  a  female 
is  required  to  submit  to  a  physical  examination  by  a  physician  or 
surgeon,  except  under  the  provisions  of  sections  one  hundred  and 
sixty-three  and  one  hundred  and  sixty-four  she  shall  be  entitled 
to  have  the  examhiation  made  by  a  person  of  her  own  sex.  No 
employer  shall  require  a  female  to  submit  to  physical  examinor 
tion  by  a  person  not  of  her  own  sex. 

Note. —  Taken  from  old  §  22.    The  penalty  provision  of  old  §  22  omitted  as 
unnecessary,  being  covered  by  new  §  405. 

§  [I'^l  ^^'^-  Seats  for  female  employees.  [Every  person  em- 
ploying females  in  a  factory  or  as  waitresses  in  a  hotel  or  restau- 
rant shall  provide  and  maintain  suitable  seats,  with  proper  backs 
where  practicable,  for  the  use  of  such  female  employees,  and 
permit  the  use  thereof  by  such  employees  to  such  an  extent  as 
may  be  reasonable  for  the  preservation  of  their  health.  Where 
females  are  engaged  in  work  which  can  be  properly  performed 
in  a  sitting  posture,  suitable  seats,  with  backs  where  practicable, 
shall  be  supplied  in  every  factory  for  the  use  of  all  such  female 
employees  and  permitted  to  be  used  at  such  work.  The  industrial 
board  may  determine  when  seats,  with  or  without  backs,  are  neces- 
sary and  the  number  thereof.]  A  sufficient  number  of  chairs, 
stools  or  other  suitable  seats,  with  bachs  where  practicable, 
shall  be  provided  and  maintained  in  every  factory,  mercantile 


158     Appendix  I— ^ Bills  Submitted  to  the  Legislature 

establishment,  hotel  and  restaurant  for  the  use  of  the  female  em- 
ployees therein,  who  shall  he  allotved  to  use  the  seats  to  such  an 
extent  as  may  he  reasonahle  for  the  preservation  of  their  health. 
In  factories^  female  employees  shall  he  allowed  to  use  such  seats 
whenever  they  are  engaged  in  work  which  can  he  properly  per- 
formed in  a  sitting  posture.  In  mercantile  establishments,  at 
least  one  seat  shall  he  provided  for  every  three  female  employees 
and  if  the  duties  of  such  employees  are  to  he  principally  per- 
formed in  front  of  a  counter,  table,  desTc  or  fixture,  such  seats 
shall  he  placed  in  front  thereof,  or  if  such  duties  are  to  he  prirv- 
ci pally  performed  behind  such  table,  desh  or  fixture,  such  seats 
shall  be  placed  behind  the  same. 

Note. —  Rewritten  from  old  §  17  and  also  covers  old  §  170  relating  to  mer- 
cantile establishments. 

ARTICLE  5. 

nOURS  OF  LABOR. 
TITLE  I.     GENERAL. 

Section  180.  Hours  to  constitute  a  day's  work, 

181.  Brickyards. 

182.  Street  railroads. 

183.  Steam  and  other  railroads, 
18^.  Signalmen. 

185.  Messengers. 

186.  Time  allowed  for  meals. 

187.  One  day  of  rest  in  seven. 

TITLE  II.     FACTORIES. 

Section  195.  Children  under  sixteen. 

196.  Males  between  sixteen  and  eighteen. 

197.  Females  over  sixteen. 

198.  Females  over  eighteen  in  canneries. 

199.  Period  of  rest  at  night  for  women. 

200.  Enforcement  of  this  title. 

TITLE   III.     MERCANTILE   AND    OTHER   ESTABLISHMENTS. 
Section  205.  Children  under  sixteen. 
206.  Females  over  sixteen. 

TITLE  I.     GENERAL. 

§  180.  Hours  to  constitute  a  day's  work.  Unless  otherwise 
provided  by  law,  the  following  number  of  hours  shall  constitute 
a  legal  day's  work: 


I 


Appendix  I  —  Bills  Subjiitted  to  the  Legislature     159 

1.  For  street  surface  and  elevated  railroad  employees  affected 
by  section  one  hundred  and  eighty-two,  ten  consecutive  hours, 
including  one-half  hour  for  dinner. 

2.  For  employees  engaged  in  the  operation  of  steam  or  electric 
surface,  subway  or  elevated  railroads  where  the  mileage  system  of 
running  trains  is  not  in  use,  except  those  employees  affected  by 
section  one  hundred  and  eighty-four,  ten  hours,  performed  within 
twelve  consecutive  hours. 

3.  For  all  other  employees,  except  those  engaged  in  farm  or 
domestic  service  and  those  affected  by  subdivision  four  of  section 
two  hundred  and  fifteen,  eight  hours. 

This  subdivision  does  not  prevent  an  agreement  for  overwork  at 
an  increased  compensation,  except  upon  work  by  or  for  the  state  or 
a  municipal  corporation,  or  by  contractors  or  subcontractors  there- 
with and  except  as  otherwise  provided  in  this  chapter. 

Note.— Subdivision  1  taken  from  old  §  6;  subdivision  2  taken  from  old 
§  7;  subdivision  3  taken  from  old  §  3.  The  provisions  affecting  public  work 
have  been  transferred  to  article  7. 

§  [5]  181.  Hours  of  labor  in  brickyards.  Ten  hours,  exclu- 
sive of  the  necessary  time  for  meals,  shall  constitute  a  legal  day's 
work  in  the  making  of  brick  in  brickyards  owned  or  operated  by 
corporations.  No  corporation  owning  or  operating  such  brickyard 
shall  require  employees  to  work  more  than  ten  hours  in  any  one 
day,  or  to  commence  work  before  seven  o'clock  in  the  morning. 
But  overwork  and  work  prior  to  seven  o'clock  in  the  morning  for 
extra  compensation  may  be  performed  by  agreement  between  em- 
ployer and  employee. 

§  C^]  ^^^'  [Hours  of  labor  on  s]|>Street  [surface  and  ele- 
vated] railroads.  [Ten  consecutive  hours'  labor,  including  one- 
half  hour  for  dinner,  shall  constitute  a  day's  labor  in  the  opera- 
tion of  all  street  surface  and  elevated  railroads,  of  whatever 
motive  power,  owned  or  operated  by  corporations  in  this  state, 
whose  main  line  of  travel  or  whose  routes  lie  principally  within 
the  corporate  limits  of  cities  of  the  first  and  second  class.  No 
employee  of  any  such  corporation  shall  be  permitted  or  allowed 
to  work  more  than  ten  consecutive  hours,  including  one-half  hour 
for  dinner,  in  any  one  day  of  twenty-four  hours.  In  cases  of 
accident  or  unavoidable  delay,  extra  labor  may  be  performed  for 
extra  compensation.]  Except  in  cases  of  accident  or  unavoid- 
able delay,  no  employee  engaged  in  the  operation  of  a  street  sur- 
face or  elevated  railroad  of  whatever  motive  power,  owned  or 


160     Appendix  I  —  Bills  Submitted  to  the  Legislature 

operated  by  a  corporation,  whose  mam  line  or  route  of  travel  lies 
principally  within  a  city  of  the  first  or  second  class,  shall  he  emr 
ploycd  more  than  ten  consecuiive  hours,  including  one-half  hour 
for  dinner,  in  tiny  day. 

Note. —  Taken  from  old  §  6.  The  first  two  sentences  of  old  §  6  now  covered 
by   §§  180  and  182. 

§  [7J  183.  [Regulation  of  hours  of  labor  on  s]>S'team  [surface] 
and  other  railroads.  [Ten  hours'  labor,  performed  within  twelve 
consecutive  hours,  shall  constitute  a  legal  day's  labor  in  the  opera- 
tion of  steam  surface,  electric,  subway  and  elevated  railroads 
operated  within  the  state,  except  where  the  mileage  system  of  run- 
ning trains  is  in  operation.]  1.  No  person  or  corporation  oper- 
ating any  [such]  steam  or  electric  surface,  subway  or  elevated 
railroad  of  thirty  miles  or  more  in  length,  [or  over,  in  whole  or  in 
part]  wholly  or  partly  within  this  state,  except  where  the  mileage 
system  of  running  trains  is  in  operation,  shall  permit  or  require 
any  conductor,  engineer,  fireman,  trainman,  motorman  or  assistant 
motorman,  engaged  in  or  connected  with  the  movement  of  any 
train  on  [any]  such  railroad,  to  be  or  remain  on  duty  for  a  longer 
period  than  sixteen  consecutive  hours.  [,  and  w]]yhenever  any 
such  [conductor,  engineer,  fireman,  trainman,  motorman  or  assist- 
ant motorman]  employee  shall  have  been  continuously  on  duty  for 
sixteen  hours  he  shall  be  relieved  and  not  required  or  permitted 
again  to  go  on  duty  until  he  has  had  at  least  ten  consecutive  hours 
off  duty.[,  and  n]iV^o  such  [conductor,  engineer,  fireman,  train- 
man, motorman  or  assistant  motorman]  employee  who  has  been 
on  duty  sixteen  hours  in  the  aggregate  in  any  twenty-four  hour 
period  shall  be  required  or  permitted  to  continue  or  again  go  on 
duty  without  having  had  at  least  eight  consecutive  hours  off  duty. 
[,  except] 

2.  This  section  does  not  apply  to  any  such  employee  when 
fa)  by  casualty  occurring  after  he  [has]  started  on  his  trip, 
[and  except  when]  or  (b)  by  unknown  casualty  occurring  before 
he  started  07i  his  trip,  or  (c)  by  accident  to  or  unexpected  delay 
of  trains  scheduled  to  make  connection  with  the  train  on  which  he 
is  serving,  he  is  prevented  from  reaching  his  terminal.  [The 
commissioner  of  labor  shall  appoint  a  sufficient  number  of  in- 
spectors to  enforce  the  provisions  of  this  section.] 

Note. —  Taken  from  old  §  7,  except  that  the  provisions  as  to  what  shall  con- 
stitute a  legal  day's  work  are  covered  by  new  §  180.  The  last  sentence  of  old 
section  7  is  covered  by  new  §   11. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     161 

§  C^]  ^^■^-  [i^egulation  of  hours  of  labor  of  block  system  tele- 
graph aud  telephone  operators  and  sH/Signalmen,  [on  surface,  sub- 
way and  elevated  railroads.  The  provisions  of  section  seven  of  this 
chapter  shall  not  be  applicable  to  employees  mentioned  herein.  It 
shall  be  unlawful  for  any  corporation  or  receiver,  operating  a  line 
of  railroad,  either  surface,  subway  or  elevated,  in  whole  or  in  part 
in  the  state  of  New  York,  or  any  officer,  agent  or  representative  of 
such  corporation  or  receiver  to  require  or  permit  any  telegraph  or 
telephone  operator  who  spaces  trains  by  the  use  of  the  telegrtiph 
or  telephone  under  what  is  known  and  termed  the  "  block  system  " 
(defined  as  follows) :  Reporting  trains  to  another  office  or  office? 
or  to  a  train  dispatcher  operating  one  or  more  trains  under  signals, 
and  telegraph  or  telephone  levermen  who  manipulate  interlocking 
machines  in  railroad  yards  or  on  main  tracks  out  on  the  lines  or 
train  dispatchers  in  its  service  whose  duties  substantially,  as 
hereinbefore  set  forth,  pertain  to  the  movement  of  cars,  engines  or 
trains  on  its  railroad  by  the  use  of  the  telegraph  or  telephone  in 
dispatching  or  reporting  trains  or  receiving  or  transmitting  train 
orders  as  interpreted  in  this  section,  to  be  on  duty  for  more  than 
eight  hours  in  a  day  of  twenty-four  hours,  and  it  is  hereby  declared 
that  eight  hours  shall  constitute  a  day  of  employment  for  all 
laborers  or  employees  engaged  in  the  kind  of  labor  aforesaid ;  ex- 
cept in  cases  of  extraordinary  emergency  caused  by  accident,  fire, 
flood  or  danger  to  life  or  property,  and  for  each  hour  of  labor  so 
performed  in  any  one  day  in  excess  of  such  eight  hours,  by  any 
such  employee,  he  shall  be  paid  in  addition  at  least  one-eighth  of 
his  daily  compensation.  Any  person  who  is  employed  as  signal- 
man, towerman,  gateman,  telegraph  or  telephone  operator  in  a 
railroad  signal  tower  or  public  railroad  station  to  receive  or  trans- 
mit a  telegraphic  or  telephonic  message  or  train  order  for  the 
movement  of  trains  and  who  works  eight  hours  or  more  in  any 
twenty-four  each  and  every  day  continuously,  and  all  gatemen  so 
employed  must  have  at  least  two  days  of  twenty-four  hours  each 
in  every  calendar  month  for  rest  with  the  regular  compensation ; 
subject  to  the  foregoing  provisions  relating  to  extra  service  in  cases 
of  emergency.  Any  person  or  persons,  company  or  corporation, 
who  shall  violate  any  of  the  provisions  of  this  section,  shall,  on 
conviction,  be  fined  in  the  sum  of  not  less  than  one  hundred  dollars, 
and  such  fine  shall  be  recovered  by  an  action  in  the  name  of  the 
state  of  New  York,  for  the  use  of  the  state,  which  shall  sue  for  it 
against  such  person,  corporation  or  association  violating  this  sec- 
VoL.  1  —  6 


162     Appendix  I  —  Bills  Submitted  to  the  Legislature 

tion,  said  suit  to  be  instituted  in  any  court  in  this  state  having 
appropriate  jurisdiction.  Such  fine,  when  recovered  as  aforesaid, 
shall  be  paid  without  any  deduction  whatever,  one-half  thereof  to 
the  informer,  and  the  balance  thereof  to  be  paid  into  the  free  school 
fund  of  the  state  of  New  York.  The  provisions  of  this  section 
shall  not  apply  to  any  part  of  a  railroad  where  not  more  than 
eight  regular  passenger  trains  in  twenty-four  hours  pass  each  way ; 
provided,  moreover,  that  where  twenty  freight  trains  pass  each 
way  generally  in  each  twenty-four  hours  then  the  provisions  of 
this  section  shall  apply,  notwithstanding  that  there  may  pass  a 
less  number  of  passenger  trains  than  hereinbefore  set  forth,  namely 
eight] 

1.  The  term  "  signalman  "  when  used  in  this  section  means: 

a.  A  telegraph,  telephone  or  wireless  operator  who  reports  trains 
to  another  office  or  to  a  train  dispatcher  operating 
one  or  more  trains  under  signals. 

h.  A  telegraph  or  telephone  leverman  who  manipulates  inter- 
locking machines  in  railroad  yards  or  on  main  tracks  oat 
on  the  lines. 

c.  A  train  dispatcher  whose  duties  pertain  to  the  movement  of 
cars,  engines  or  trains,  by  use  of  the  telegraph,  telephone  or 
wireless  in  dispatching  or  reporting  trains  or  receining  or 
transmitting  train  orders. 

2.  The  term  "  railroad  "  when  used  in  this  section  means  any 
portion  of  a  surface,  subway  or  elevated  railroad  situated  wholly 
or  partly  in  this  state  and  operated  by  a  corporation  or  receiver 
on  which  portion  at  least  twenty  freight  trains  on  the  average  or 
nine  regular  passenger  trains  pass  each  way  in  every  twenty-four 
hours. 

3.  No  signalman  shall  be  employed  on  any  railroad  for  more 
than  eight  hours  in  any  day  except  in  cases  of  extraordinary 
emergency  caused  by  accident,  fire,  flood  or  danger  to  life  or  prop- 
erty and  he  shall  be  paid  for  each  hour  of  such  overtime  at  least 
one-eighth  of  his  daily  compensation.        ^ 

Jf..  Every  signalman  and  every  towerman  or  gateman  performing 
duiies  similar  to  those  of  a  signalman,  who  is  employed  for  eight 
hours  or  more  every  day  shall  be  allowed  at  least  two  days  of  rest 
of  twenty-four  hours  each  vn  every  calendar  month  with  the 
regular  compensation,  except  in  cases  of  extraordinary  emer- 
gency caused  by  accident,  fire,  flood,  or  danger  to  life  or  property. 

Note. —  The  first  sentence  of  old  §  S  lias  been  transferred  to  new  §  180.  The 
provision  of  old  §  8  as  to  penalty  covered  by  new  §  405  words  "  or  wireless  " 
new  in  sub.  1-a  and  c. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     163 

§  [161-a.]  185.  [[Hours  of  labor  of  in]i¥esseiigers.  In  cities 
of  the  first  or  second  class  no  person  under  the  age  of  twenty-one 
years  shall  be  employed  [or  permitted  to  work]  as  a  messenger 
for  a  telegraph  or  messenger  company  in  the  distribution,  trans- 
mission or  delivery  of  goods  or  messages  before  five  o'clock  in 
the  morning  or  after  ten  o'clock  in  the  evening  [of  any  day]. 

§  [89]  186.  Time  allowed  for  meals.  Every  person  employed 
in  [each]'  or  in  connection  with  any  factory,  shall  he  allowed  at 
least  sixty  minutes  [shall  be  allowed]  for  the  noonday  meal, 
unless  the  commissioner  [of  labor]  shall  permit  a  shorter  time. 
Such  permit  [must]  shall  be  in  writing  and  shall  he  kept  con- 
spicuously posted  in  the  main  entrance  of  the  [factory,]  estah- 
lishment  [and]  hut  it  may  be  revoked  at  any  time.  Every  person 
employed  in  or  in  connection  with  any  mercantile  or  other  estah- 
lishment  specified  in  section  one  hundred  and  sixty  shall  he  allowed 
at  least  forty-five  minutes  for  the  noon-day  meal.  Where  [em- 
ployees are  required  or  permitted  to  work]  any  person  is  employed 
[overtime  for  more  than  one  hour]  after  [six]  seven  o'clock  in 
the  evening,  [they]  he  shall  be  allowed  at  least  twenty  minutes 
to  obtain  a  lunch,  or  supper  between  five  and  seven  o'clock  in  the 
evening  [before  beginning  to  work  overtime]. 

Note. —  Taken  from  old  §  89.  It  also  covers  old  §  161,  relating  to  mercan- 
tile establishments. 

§  [8-a]  187.  One  day  of  rest  in  seven.  1.  Every  employer  [of 
labor  engaged  in  carrying  on  any]  operating  a  factory  or  mercan- 
tile establishment  [in  this  state]  shall  allow  every  person,  except 
those  specified  in  subdivision  two,  employed  in  such  factory  or 
mercantile  establishment  at  least  twenty-four  consecutive  hours 
of  rest  in  every  [seven  consecutive  days.]  calendar  week  provided 
that  no  more  than  eight  days  intervene  hetween  such  days  of  rest. 
No  employer  shall  operate  any  such  factory  or  mercantile  estab- 
lishment on  Sunday  unless  he  [shall  have]  has  complied  with 
subdivision  three.  [Provided,  however,  that  t]T'his  section 
[shall]  does  not  authorize  any  work  on  Sunday  not  now  or  here- 
after authorized  by  law. 

2^.  [This  section  shall  not  apply  to 

(a)  Janitors; 

(b)  Watchmen; 

(c)  Employees  whose  duties  include  not  more  than  three  hours' 
work  on  Sunday  in  (1)  setting  sponges  in  bakeries;  (2)  caring 
for  live  animals;  (3)  maintaining  fires;  (4)  necessary  repairs  to 
boilers  or  machinery. 


164     Appendix  I  —  Bills  Submitted  to  the  Legislattjee 

(d)  Superintendents  or  foremen  in  charge; 

(e)  Employees,  if  the  commissioner  of  labor  in  his  discretion 
approves,  engaged  in  the  work  of  any  industrial  or  manufacturing 
process  necessarily  continuous,  in  which  no  employee  is  permitted 
to  work  more  than  eight  hours  in  any  calendar  day ; 

(f)  Employees  in  dairies,  creameries,  milk  condensaries,  milk 
powder  factories,  milk  sugar  factories,  milk  shipping  stations, 
butter  and  cheese  factories,  ice  cream  manufacturing  plants  and 
milk  bottling  plants,  where  not  more  than  seven  persons  are  em- 
ployed.] This  section  does  not  apply  to  males  over  the  age  of 
eighteen  years  employed  as  janitors,  watchmen,  superintendents 
or  foremen  in  charge,  nor  to  male  employees  over  the  age  of 
eighteen  years  whose  duties  include  not  more  than  three  hours' 
work  on  Sunday  in  (a)  setting  sponges  in  bakeries;  (fe)  caring 
for  live  animals;  (c)  maintaining  fires;  (d)  making  necessary 
repairs  to  boilers  or  machinery;  (e)  employees,  if  the  commis- 
sioner of  labor  in  his  discretion  approves,  engaged  in  the  work 
of  any  industrial  or  manufacturing  process  necessarily  continuous, 
in  which  no  employee  is  permitted  to  work  more  than  eight  hours 
in  any  calendar  day;  (/)  employees  in  dairies,  creameries,  milk 
condensaries,  milk  powder  factories,  milk  sugar  factories,  milk 
shipping  stations,  butter  and  cheese  factories,  ice  cream  manu- 
facturing plants  and  milk  bottling  plants,  where  not  more  than 
seven  persons  are  employed. 

3.  Before  operating  on  Sunday,  every  employer  shall  post  in  a 
conspicuous  place  on  the  premises  a  schedule  containing  a  list  of 
his  employees  who  are  required  or  allowed  to  work  on  Sunday 
and  designating  the  day  of  rest  for  each,  and  shall  file  a  copy  of 
such  schedule  with  the  commissioner  £of  labor].  The  employer 
shall  promptly  file  with  the  [said]  commissioner  a  copy  of  every 
change  in  such  schedule.  No  [employee]  person  shall  be  [re- 
quired or  allowed  to  work]  employed  on  the  day  of  rest  so  desig- 
nated for  him. 

4.  Every  employer  shall  keep  [a  time-book]  records,  in  a  form 
approved  by  the  commissioner,  showing  the  names  and  addresses 
of  all  employees  and  the  hours  worked  by  each  of  them  in  each 
day{[,  and  such  time-book  shall  be  open  to  inspection  by  the 
commissioner  of  labor]. 

5.  The  industrial  board  at  any  time  when  the  preservation  of 
property,  life  or  health  requires,  may  except  specific  cases  for 
cjpecified  periods  from  the  provisions  of  this  act  by  written  orders 


Appendix  I  —  Bills  Submitted  to  the  Legislature     165 

which  shall  be  recorded  as  public  records.     In  emergency  cases 
the  commissioner  may  on  application  grant  such  exemption. 

Note. —  Words  "  males  over  the  age  of  eighteen  years  "  added  to  sub,  2  to 
continue  provision  formerly  contained  in  old  §  77. 

TITLE  II.    FACTORIES. 

§  195.  Children  under  sixteen.  No  child  under  the  age  of  six- 
teen years  shall  be  employed  in  or  in  connection  with  a  factory 
before  eight  o'clock  in  the  morning,  or  after  five  o'clock  in  the 
evening  or  more  than  eight  hours  in  any  day,  or  more  than  six 
days  in  any  week. 

Note. —  Taken  from  old  §  77,  sub.  1  and  also  covers  first  sentence  of  §  78. 

§  196.  Males  between  sixteen  and  eighteen.  No  male  over  the 
age  of  sixteen  years  and  under  the  age  of  eighteen  years  shall  be 
employed  in  a  factory,  except  in  canning  or  preserving  perishable 
products  between  the  fifteenth  day  of  June  and  the  fifteenth  day  of 
October  in  each  year, 

(a)  More  than  six  days  or  fifty-four  hours  in  any  week; 

(b)  More  than  ten  hours  in  any  day. 

In  no  case  shall  such  person  be  employed  between  the  hours  of 
twelve  midnight  and  four  o'clock  in  the  morning. 

Note. —  Taken  from  old  §  77,  sub.  2,  and  old  §  78,  subs.  1  and  2.  The 
change  from  nine  hours  a  day  to  ten  hours  a  day  in  sub.  (9)  is  not  a  change 
in  substance  because  that  was  permitted  in  the  provisions  of  the  old  lavif 
relating  to  regular  and  irregular  overtime  which  are  here  omitted  because 
they  are  meaningless. 

§  197.  Females  over  sixteen.  No  female  over  the  age  of  sixteen 
years  shall  be  employed  in  a  factory,  except  as  provided  in  section 
one  hundred  and  ninety-eight, 

(a)  More  than  six  days  or  fifty-four  hours  in  any  week; 

(6)  More  than  ten  hours  in  any  day. 

In  no  case  shall  a  female  under  the  age  of  twenty-one  years  be 
enuployed  in  a  factory  before  six  o'clock  in  the  morning  or  after 
nine  o'clock  in  the  evening. 

Note. —  Taken  from  old  §  77,  sub.  3,  and  old  §  78,  sub.  1.  For  explanation 
of  change  from  nine  to  ten  hours  in  subdivision  (b)  see  note  to  preceding 
section. 

§  [78]  198.  [Exceptions]  Females  over  eighteen  in  canneries. 
[1.  A  female  sixteen  vears  of  age  or  upwards  and  a  male  between 
the  ages  of  sixteen  and  eighteen  may  be  employed  in  a  factory 


166     Appendix  I  —  Bills  Submitted  to  the  Legislature 

more  than  nine  hours  a  day:  (a)  regularly  in  not  to  exceed  five 
days  a  week,  in  order  to  make  a  short  day  or  holiday  on  one  of 
the  six  working  days  of  the  week;  (b)  irregularly  in  not  to  exceed 
three  days  a  week ;  provided  that  no  such  person  shall  be  required 
or  permitted  to  work  more  than  ten  hours  in  any  one  day  or  more 
than  fifty-four  hours  in  any  one  week,  and  that  the  provisions  of 
the  preceding  section  as  to  notice  or  time  book  be  fully  eomplied 
with. 

2.  The  provisions  of  subdivision  two  of  section  seventy-seven 
relating  to  maximum  hours  shall  not  apply  to  the  employment  of 
male  minors  sixteen  years  of  age  and  upwards  in  canning  or  pre- 
serving perishable  products  in  fruit  and  canning  establishments 
between  the  fifteenth  day  of  June  and  the  fifteenth  day  of  October 
each  year. 

3.  A  female  eighteen  years  of  age  or  upwards  may,  notwith- 
standing the  provisions  of  subdivision  three  of  section  seventy- 
seven  of  this  chapter,  be  employed  in  canning  or  preserving  perish- 
able products  in  fruit  and  canning  establishments  between  the 
fifteenth  day  of  June  and  the  fifteenth  day  of  October  in  each 
year  not  more  than  six  days  or  sixty  hours  in  any  one  week  nor 
more  than  ten  hours  in  any  one  day ;  and  the  industrial  board  shall 
have  power  to  adopt  rules  and  regulations  permitting  the  employ- 
ment of  women  eighteen  years  of  age  and  upwards  on  such  work 
in  such  establishments  between  the  twenty-fifth  day  of  June  and 
the  fifth  day  of  August  in  each  year  not  more  than  six  days  nor 
more  than  sixty-six  hours  in  any  one  week  nor  more  than  twelve 
hours  in  any  one  day,  if  said  board  shall  find  that  such  employ- 
ment is  required  by  the  needs  of  such  industry  and  can  be  per- 
mitted without  serious  injury  to  the  health  of  women  so  employed. 
The  provisions  of  this  subdivision  shall  have  no  application  unless 
the  daily  hours  of  labor  shall  be  posted  for  the  information  of 
employees  and  a  time  book  in  a  form  approved  by  the  commis- 
sioner of  labor,  giving  the  names  and  addresses  of  all  female  em- 
ployees and  the  hours  of  work  by  each  of  them  in  each  day  shall 
be  properly  and  correctly  kept  and  shall  be  exhibited  to  him  or 
any  of  his  subordinates  promptly  upon  demand.  No  person  shall 
knowingly  make  or  permit  or  suffer  to  be  made  a  false  entry  in 
any  such  time  book. 

4.  In  a  prosecution  for  a  violation  of  any  provision  of  this  or 
of  the  preceding  section  the  burden  of  proving  a  permit  or  excep- 
tion shall  be  upon  the  party  claiming  it]     A  female  over  the 


Appendix  I  —  Bills  Submitted  to  the  Legislature     167 

age  of  eighteen  years  may  he  employed  in  canning  or  preserving 
perishable  vroducts  between  the  fifteenth  day  of  June  and  the 
fifteenth  day  of  October  in  each  year  not  more  than  ten  hours  in 
any  day  nor  more  than  six  days  or  sixty  hours  in  any  weeh,  hut 
the  industrial  hoard  may  adopt  rules  permitting  such  employment 
between  the  twenty-fifth  day  of  June  and  the  fifth  day  of  August 
in  each  year  not  more  than  twelve  hours  in  any  day  nor  more  than 
six  days  or  sixty-six  hours  in  any  weeh,  if  it  finds  that  such  em- 
ployment is  required  hy  the  needs  of  the  industry  and  can  be  per- 
mitted without  serious  injury  to  the  health  of  the  women  so  em- 
ployed. 

Note. —  Taken  from  old  §  78,  sub.  3.  Old  §  78,  sub.  1.  covered  by  new 
§§  196,  197.  Old  §  78,  sub.  2,  covered  by  new  §  196.  Old  §  78,  sub.  3, 
covered  by  new  §  198. 

§  [93-b]  199.  Period  of  rest  at  night  for  women.  In  order  to 
protect  the  health  and  morals  of  females  employed  in  factories  by 
providing  an  adequate  period  of  rest  at  night  no  woman  shall  be 
employed  or  permitted  to  work  in  any  factory  ][in  this  state] 
before  six  o'clock  in  the  morning  or  after  ten  o'clock  in  the  even- 
ing of  any  day. 

§  [77]  200.  [Hours  of  labor  of  children,  minors  and  women] 
Enforcement  of  this  title.  [1.  No  child  under  the  ago  of  sixteen 
years  shall  be  employed  or  permitted  to  work  in  or  in  connection 
with  any  factory  in  this  state  before  eight  o'clock  in  the  morning, 
or  after  five  o'clock  in  the  evening  of  any  day,  or  for  more  than 
eight  hours  in  any  one  day,  or  more  than  six  days  in  any  one  week. 

2.  No  male  minor  under  the  age  of  eighteen  years  shall  bo  cm- 
ployed  or  permitted  to  work  in  any  factory  in  this  state  more  than 
six  days  or  fifty-four  hours  in  any  one  week,  or  for  more  than 
nine  hours  in  any  one  day,  except  as  hereinafter  provided ;  nor 
between  the  hours  of  twelve  midnight  and  four  o'clock  in  the 
morning. 

3.  No  female  minor  under  the  age  of  twenty-one  years  and  no 
woman  shall  be  employed  or  permitted  to  work  in  any  factory  in 
this  state  more  than  six  days  or  fifty-four  hours  in  any  one  week ; 
nor  for  more  than  nine  hours  in  any  one  day  except  as  hereinafter 
provided.  No  female  minor  under  the  age  of  twenty-one  years 
shall  be  employed  or  permitted  to  work  in  any  factory  in  this  state 
before  six  o'clock  in  the  morning  or  after  nine  o'elnrlc  in  the  even- 
ing of  any  day.] 


168     Appendix  I  —  Bills  Submitted  to  the  Legislature 

[4]  1.  A  [printed]  notice,  [in]  on  a[form  which  shall  be] 
blank  furnished  by  the  commissioner  [of  labor],  stating  the  num- 
ber of  hours  per  day  for  each  day  of  the  week  required  of  [such] 
all  persons  subject  to  the  provisions  of  this  title,  and  the  time 
when  such  work  shall  begin  and  end,  shall  be  kept  posted  in  a  con- 
spicuous place  in  each  room  where  they  are  employed.  [But  such 
persons  may  begin  their  work  after  the  time  for  beginning  and 
stop  before  the  time  for  ending  such  work,  mentioned  in  such 
notice,  but  they  shall  not  otherwise  be  employed,  permitted  or 
suffered  to  work  in  such  factory  except  as  stated  therein.] 

The  terms  of  [such]  the  notice  shall  not  be  changed  after  the 
beginning  of  labor  on  the  first  day  of  the  week  without  the  con- 
sent of  the  commissioner  [of  labor].  The  presence  of  any  such 
person[s]  in  the  factory  at  any  other  hours  than  those  stated  in 
the  [printed]  notice,  or,  if  no  such  notice  [be]  is  posted,  before 
seven  o'clock  in  the  morning  or  after  six  o'clock  in  the  evening, 
shall  constitute  prima  facie  evidence  of  a  violation  of  [this]  the 
section  relating  to  the  hours  of  labor  of  such  person. 

[5]  2.  In  a  factory  wherein,  owing  to  the  nature  of  the  work, 
it  is  practically  impossible  to  fix  the  hours  of  labor  weekly  in  ad- 
vance the  commissioner  [of  labor],  upon  an  [proper]  applica- 
tion stating  facts  showing  the  necessity  therefor,  shall  grant  a 
permit  dispensing  with  the  notice  [hereinbefore]  required  in 
this  section.  [,  upon  condition  that] 

•5.  In  every  factory  operating  under  such  a  permit,  or  employ- 
ing females  under  section  one  hundred  and  ninety-eight,  a  notice 
stating  the  daily  hours  of  labor  shall  be  posted  for  the  information 
of  employees  and  [that]  a  time  book  in  a  form  to  be  approved  by 
[him]  the  commissioner^  giving  the  names  and  addresses  of  all 
[female]  employees  who  are  subject  to  this  section,  and  the  hours 
worked  by  each  of  them  in  each  day,  shall  be  [properly  and  cor- 
rectly] kept[,  and  shall  be  exhibited  to  him  or  any  of  his  sub- 
ordinates promptly  upon  demand.     Such]. 

Jf.  The  permit  shall  be  kept  posted  in  [such]  a  conspicuous 
place  in  [such]  the  factory,  [as  such  commissioner  may  pre- 
scribe, and  may  be  revoked  by  such]  The  commissioner  [at  any 
time]  may  revoke  the  permit  for  failure  to  [post]  keep  it  or  the 
daily  hours  of  labor  posted,  or  to  keep  [or  exhibit  such]  the  time 
book  as  herein  provided. 

[6]  5.  Wliere  a  female  or  male  minor  is  employed  in  two  or 
more  factories  or  mercantile  establishments,  or  in  one  factory  and 


Appendix  I  —  Bills  Submitted  to  the  Legislature     16^ 

one  mercantile  establishment,  in  the  same  day  or  week  the  total 
time  of  employment  must  not  exceed  that  allowed  per  day  or  week 
in  a  single  factory  or  mercantile  establishment[ ;  and  any  person 
who  shall  require  or  permit  a  female  to  work  in  a  factory  between 
the  hours  of  six  o'clock  in  the  evening  and  seven  o'clock  in  the 
morning  in  violation  of  the  provisions  of  this  subdivision  of  this 
section,  with  or  without  knowledge  of  the  previous  or  other  em- 
ployment, shall  be  liable  for  a  violation  thereof.] 

6.  In  a  prosecution  for  a  violation  of  any  provision  of  this 
title  the  burden  of  proving  a  permit  or  exception  shall  be  upon 
the  party  claiming  it. 

Note. —  Subdivision  1  is  taken  from  old  §  77,  sub.  4;  sub.  2  is  taken  from 
old  §  77,  sub.  5;  sub.  3  is  taken  from  old  §  77,  sub.  5;  sub.  4  is  taken  from 
old  §  77,  sub.  5;  sub.  5  is  taken  from  old  §  77,  sub.  6;  sub.  6  is  taken  from 
old  §  78,  sub.  4.  Subdivisions  1,  2  and  3  of  old  §  77  are  covered  by  new 
§§  195,  196  and  197. 

TITLE  III.     MERCANTILE  AND  OTHER  ESTABLISHMENTS. 

§  £16 IJ  ^0^'  [Hours  of  labor  of  minors  and  women  ;  time  for 
meals.]  1.  Children  under  sixteen.  No  child  under  the  age  of 
sixteen  years  shall  be  employed[,  permitted  or  suffered  to  work] 
in  or  in  connection  with  any  mercantile  establishment,  business 
office,  telegraph  office,  restaurant,  hotel,  apartment  house,  theater 
or  other  place  of  amusement,  bowling  alley,  barber  shop,  shoe- 
polishing  establishment,  or  in  the  distribution  or  transmission  of 
merchandise,  articles  or  messages,  or  in  the  distribution  or  sale 
of  articles  [more  than  six  days  or  forty-eight  hours  in  any  one 
week,  or  more  than  eight  hours  in  any  one  day,  or  before  eight 
o'clock  in  the  morning  or  after  six  o'clock  in  the  evening  of  any 
day.  The  foregoing  provision  shall  not  apply  to  any  employment 
prohibited  or  regulated  by  section  four  hundred  and  eighty-five  of 
the  penal  law. 

2.  No  female  employee  over  the  age  of  sixteen  years  shall  be 
required,  permitted  or  suffered  to  work  in  or  in  connection  witli 
any  mercantile  establishment  more  than  six  days  or  fifty-four 
hours  in  any  one  week,  or  more  than  nine  hours  in  any  one  day, 
unless  for  the  purpose  of  making  a  shorter  work  day  of  some  one 
day  of  the  week ;  or  before  seven  o'clock  in  the  morning  or  after 
ten  o'clock  in  the  evening  of  any  day.  This  section  does  not  apply 
to  the  employment  of  persons  sixteen  years  of  age  or  upward 
between  the  eighteenth  day  of  December  and  the  following  twenty- 
fourth  day  of  December,  both  inclusive. 


lYO     Appendix  1  —  Bills  Submitted  to  the  Legislature 

3.  Not  less  than  fortj-five  minutes  shall  be  allowed  for  the 
noonday  meal  of  the  employees  of  any  establishment  specified 
in  subdivision  one  hereof,  unless  the  commissioner  of  labor  shall 
permit  a  shorter  time.  Such  permit  shall  be  kept  conspicuously 
posted  in  the  main  entrance  of  the  establishment,  but  it  may  be 
revoked  at  any  time.  Whenever  any  employee  is  employed  or 
permitted  to  work  after  seven  o'clock  in  the  evening,  such  em- 
ployee shall  be  allowed  at  least  twenty  minutes  to  obtain  lunch 
or  supper  between  five  and  seven  o'clock  in  the  evening.] ; 

(a)  More  than  six  days  or  forty-eight  hours  in  any  week; 

(b)  Before  eight  o'clock  in  the  morning  or  after  six  o'clock  in 
the  evening; 

(c)  More  than  eight  hours  in  any  day. 

This  section  does  not  apply  to  any  employment  prohibited  or 
regulated  by  section  four  hundred  and  eighty-five  of  the  penal 
law. 

§  206.  Females  over  sixteen.  Except  from  the  eighteenth  day 
of  December  to  the  following  twenty-fourth  day  of  December,  both 
Inclusive,  no  female  over  the  age  of  sixteen  years  shall  be  employed 
in  or  in  connection  with  any  mercantile  establishment: 

(a)  More  than  six  days  or  fifty-four  hours  in  any  week; 

(b)  Before  six  o'clock  in  the  moiming  or  after  ten  o'clock 
in  the  evening; 

(c)  More  than  nine  hours  in  any  day,  except  that  she  may  be 
employed  more  than  nine  hours  per  day  in  order  to  make  a 
short  day  or  holiday  of  one  of  the  six  working  days  of  the  week. 

Note.— Rewritten  from  old  §  161,  sub.  1.  Old  §  161,  sub.  2,  covered  by 
new  §  206.  Old  §  161,  sub.  3,  covered  by  new  §  186.  Change  in  substance  in 
sub.   (b)  from  seven  o'clock  in  the  morning  to  six  o'clock  in  the  morning. 

ARTICLE  6. 

PAYMENT  OP   WAGES. 

Section  210.  Cash  payment  of  wages. 

211.  \\/hen  wages  are  to  be  paid. 

212.  Assignment  of  future  wages. 

§  [[10]  210.  Cash  payment  of  wages.  [Every  manufac- 
turing, mining,  quarrying,  mercantile,  railroad,  street  railways 
canal,  steamboat,  telegraph  and  telephone  company,  every  express 
company,  every  corporation  engaged  in  harvesting  and  storing  ice, 
and  every  water  company,  not  municipal,  and  every  person,  firm 
or  corporation,  engaged  in  or  upon  any  public  work  for  the  state 
or  municipal   corporation  thereof,   either   as   a   contractor  or   a 


Appendix  I  —  Bills  Submitted  to  the  Legislature     171 

subcontractor  therewith,  shall  pay  to  each  employee  engaged  in 
his,  their  or  its  business  the  wages  earned  by  such  employee  in 
cash.  No  such  company,  person,  firm  or  corporation  shall  here- 
after pay  such  employees  in  scrip,  commonly  known  as  store 
money-orders.  No  person,  firm  or  corporation  engaged  in  carrying 
on  public  work  under  contract  with  the  state  or  with  any  munici- 
pal corporation  of  the  state,  either  as  a  contractor  or  subcontractor 
therewith,  shall,  directly  or  indirectly,  conduct  or  carry  on  what 
is  commonly  known  as  a  company  store,  if  there  shall,  at  the  time, 
be  any  store  selling  supplies  within  two  miles  of  the  place  where 
such  contract  is  being  executed.  Any  person,  firm  or  corporation 
violating  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
demeanor.] 1.  The  following  employers  shall  pay  in  cash  to  each 
employee  engaged  in  their  respective  businesses  the  wages  earned 
hy  such  employee: 

(a)  Manufacturing,  mining,  quarrying,  mercantile,  railroad, 
street  railway,  steamboat,  canal,  telegraph,  telephone  or  express 
corporations  or  joint-stock  associations. 

(b)  Nonmunicipal  water  corporations  or  joint-stoch  associor 
tions. 

(c)  Corporations  or  joint-stoch  associations  engaged  in  harvest- 
ing or  storing  ice. 

2.  No  such  employer  shall  pay  such  employees  in  scrip  com- 
monly known  as  store  money-orders. 

Note. —  Subdivision  1  taken  from  old  §  10,  first  sentence.  Subdivision  2 
taken  from  old  §  10,  second  sentence.  Old  §  10,  latter  part  of  first  sentence 
covered  by  new  §  215.  Old  §  10.  third  sentence,  relating  to  company  stores, 
covered  by  new  §  216.  Old  §  10,  last  sentence,  relating  to  penalty,  covered  by 
new  §  405. 

§  [11]  211.  When  wages  are  to  be  paid.  1.  [Every  corpora- 
tion or  joint-stock  association,  or  person  carrying  on  the  business 
thereof  by  lease  or  otherwise,  shall  pay  weekly  to  each  employee 
the  wages  earned  by  him  to  a  day  not  more  than  six  days  prior 
to  the  date  of  such  payment.  But  eJEyerj  [[person  or]  cor- 
poration or  joint-stock  association  operating  a  steam  sur- 
face railroad,  or  person  carrying  on  the  business  thereof  by 
lease  or  otherwise  shall,  on  or  before  the  first  day  of  each  month, 
pay  [the]  to  each  employee[s  thereof]  the  wages  earned  by 
[them]  him  during  the  first  half  of  the  preceding  calendar  month 
ending  with  the  fifteenth  day  thereof,  and  on  or  before  the  fifteenth 
day  of  each  month  pay  [the]  to  each  employee[s  thereof]  the 
wages  earned  by  [them]  him  during  the  last  half  of  the  preceding 
calendar  month. 


172     Appendix  I  —  Bills  Submitted  to  the  Legislatueb 

S.  Every  other  corporation  or  joint-stock  association,  or  person 
carrying  on  the  husiness  thereof  by  lease  or  otherwise,  shall  pay 
weekly  to  each  employee  the  wages  earned  hy  him  to  a  day  not 
more  than  six  days  prior  to  the  date  of  such  payment. 

3.  No  person  shall  require  from  any  employee  as  a  condition 
of  employment  any  agreement  to  accept  wages  at  other  periods 
than  as  provided  in  this  section. 

Note, —  Subdivision  1  taken  from  old  §  11,  second  sentence.  Subdivision  2 
is  taken  from  old  §  11,  first  sentence.    Subdivision  3  taken  from  old  §  13. 

§  [13]  212.  Assignment  of  future  wages.  !N'o  assignment  of  fu- 
ture wages,  [payable  weekly,  or  monthly  in  case  of  a  steam  surface 
railroad  corporation,]  affected  hy  the  provisions  of  section  two 
hundred  and  eleven,  shall  be  valid  if  made  to  the  [corporation 
or  association  from  which  such  wages  are  to  become  duo,]  em- 
ployer or  to  any  person  on  [its]  behalf  of  the  employer,  or  if 
made  or  procured  to  be  made  to  any  person  for  the  purpose  of  re- 
lieving j[such  corporation  or  association]  the  employer  from  the 
obligation  to  pay  [weekly,  or  monthly  in  case  of  a  sveam  surface 
railroad  corporation]  wages  as  provided  hy  such  section.  Charges 
for  groceries,  provisions  or  clothing  shall  not  bo  a  valid  off-set 
j[for  wages]  in  behalf  of  the  employer  against  wages,  [any  sucli 
corporation  or  association.  No  such  corporation  or  association 
shall  require  any  agreement  from  any  employee  to  accept  wages 
at  other  periods  than  as  provided  in  this  article  as  a  condition 
of  employment.] 

Note. —  Last  sentence  of  old  §  13  covered  by  new  §  211,  sub.  3. 

ARTICLE  7. 

PVBLIO   WORK. 

Section  215.  Hours  and  wages. 

216.  Company  stores. 

217.  Preference  in  employment  of  ^persons  upon  public 

works. 

218.  Enforcement  of  article. 

219.  Proceedings  for  noncompliance. 

§  [3]  215.  [Hours  to  constitute  a  day's  work]  1.  Hours 
and  wages.  [Eight  hours  shall  constitute  a  legal  day's  work  for 
all  classes  of  employees  in  this  state  except  those  engaged  in  farm 
and  domestic  service  unless  otherwise  provided  by  law.  This  sec- 
tion does  not  prevent  an  agreement  for  over  work  at  an  increased 


Appendix  1  —  Bills  Submitted  to  the  Legislatuee     173 

compensation  except  upon  work  by  or  for  the  state  or  a  minii- 
cipal  corporation,  or  by  contractors  or  subcontractors  therewith.] 
Each  contract  to  which  the  state  or  a  municipal  corporation  or  a 
commission  appointed  pursuant  to  law  is  a  party  which  may  in- 
volve the  employment  of  laborers,  workmen,  or  mechanics  shall 
contain  a  stipulation  that  no  laborer,  workman  or  mechanic  in  the 
employ  of  the  contractor,  subcontractor  or  other  person  doing 
or  contracting  to  do  the  whole  or  a  part  of  the  work  contemplated 
by  the  contract  shall  be  permitted  or  required  to  work  more  than 
eight  hours  in  any  one  calendar  day  except  in  cases  of  extraor 
dinary  emergency  caused  by  fire,  flood  or  danger  to  life  or 
property.  No  such  person  shall  be  employed  more  thun  eight 
hours  in  any  day  except  in  such  emergency. 

2.  The  wages  to  be  paid  for  such  a  [legal]  day's  work  [as 
hereinbefore  defined]  to  all  [classes  of]  such  laborers,  workmen 
or  mechanics  upon  all  such  public  works,  or  upon  any  material  to 
be  used  upon  or  in  connection  therewith,  shall  not  bo  less  than 
the  prevailing  rate  for  a  day's  work  in  the  same  trade  or  occupa- 
tion in  the  locality  within  the  state  where  such  public  work  on, 
about  or  in  connection  with  which  such  labor  is  performed  in  its 
final  or  completed  form  is  to  be  situated,  erected  or  used  and  shall 
he  paid  in  cash.  Each  such  contract  [hereafter  made]  shall  con- 
tain a  stipulation  that  each  such  laborer,  workman  or  mechanic, 
employed  by  such  contractor,  subcontractor  or  other  person  [on,] 
about  or  upon  such  public  work,  shall  receive  [such]  the  wages 
herein  provided  for. 

S.  Each  contract  for  such  public  work  [hereafter  made]  shall 
contain  a  provision  that  the  same  shall  be  void  and  of  no  effect 
unless  the  person  or  corporation  making  or  performing  the  same 
shall  comply  with  the  provisions  of  this  section;  and  no  such 
person  or  corporation  shall  be  entitled  to  receive  any  sum  nor 
shall  any  officer,  agent  or  employee  of  the  state  or  of  a  municipal 
corporation  pay  the  same  or  authorize  its  payment  from  the  fimids 
under  his  charge  or  control  to  any  such  person  or  corporation  for 
work  done  upon  any  contract,  which  in  its  form  or  manner  of 
performance  violates  the  provisions  of  this  section,  [but  nothing 
in  t] 

Jf.  This  section  shall  [be  construed  to]  not  apply  to 
a.  [s]vS'tationary  firemen  in  state  hospitals,  [nor  to] 
6-  [o]Other  persons  regularly  employed  in  state  institutions, 
except  mechanics,  [nor  shall  it  apply  to] 


174     Appendix  I  —  Bills  Submitted  to  the  Leoislatube 

c.  IfeJ^npneers,  electricians  and  elevator  men  in  the  depart- 
ment of  public  buildings  during  the  [annual]  sessions  of  the 
legislature,  [nor  to] 

d.  Employees  engaged  in  the  construction,  maintenance  and  re- 
pair of  highways  outside  the  limits  of  cities  and  villages. 

Note. —  The  first  two  sentences  of  old  §  3  are  covered  in  new  §  180. 

§  £16.  Company  stores.  No  person  engaged  in  carrying  on 
public  work  under  contract  with  the  state  or  with  any  municipal 
carporation  either  as  a  contractor  or  subcontractor  shall,  directly 
or  indirectly,  conduct  what  is  commonly  known  as  a  company 
store  if  there  is  any  store  selling  supplies,  within  two  miles  of  the 
place  where  such  contract  is  being  executed. 

Note. —  Taken  from  old  §  10. 

§  [14]  ^i  7.  Preference  in  employment  of  persons  upon  public 
works.  In  the  construction  of  public  works  by  the  state  or  a 
municipality,  or  by  persons  contracting  with  the  state  or  such 
municipality,  only  citizens  of  the  United  States  shall  be  em- 
ployed.[;  and  in  all  cases  w]lVhere  laborers  are  employed  on  any 
such  public  works,  preference  shall  be  given  citizens  of  the  state  of 
New  York.  In  each  contract  for  the  construction  of  public  works 
a  provision  shall  be  inserted  to  the  offset  that,  if  the  provisions  of 
this  section  are  not  complied  with,  the  contract  shall  be  void.  All 
boards,  officers,  agents  or  employees  of  cities  of  the  first  class  [of 
the  state,]  having  the  power  to  enter  into  contracts  which  provide 
for  the  expenditure  of  public  money  on  public  works,  shall  fi^le  in 
the  office  of  the  commissioner  [of  labor]  the  names  and  addresses 
of  all  contractors  holding  contracts  with  said  cities  [of  the  state]. 
[Upon  the  letting  of  new  contracts  the  names  and  addresses  of 
such  new  contractors  shall  likewise  be  filed.]  Upon  the  demand 
of  the  commissioner  [of  labor]  a  contractor  shall  furnish  a  list  of 
the  names  and  addresses  of  all  subcontractors  in  his  employ.  Each 
contractor  performing  work  for  any  city  of  the  first  class  shall 
keep  a  list  of  his  employees,  [in  which  it  shall  be  set  forth]  stating 
whether  they  are  naturalized  or  native  born  citizens  of  the  United 
States,  together  with,  in  case  of  naturalization,  the  date  of  natu- 
ralization and  the  name  of  the  court  where  such  naturalization  wa? 
granted.  [Such  lists  and  records  shall  be  open  to  the  inspection  of 
the  commissioner  of  labor.  A  violation  of  this  section  shall  con- 
stitute a  misdemeanor  and  shall  be  punishable  by  a  fine  of  not  les? 


AppENnix  I  —  Bills  Submitted  to  the  Leglslaturb     1Y5 

than  fifty  dollars  nor  more  than  five  hnndrcd  dollars,  or  by  im- 
prisonment for  not  less  than  thirty  nor  more  than  ninety  days,  or 
by  both  snch  fine  and  imprisonment.] 

Note. —  Tlie  provision  of  old  §  14,  next  to  last  sentence,  that  lists  shall  be 
open  to  inspection,  covered  by  nevi^  §  42.  Old  §  14,  last  sentence,  relating  to 
penalty,  covered  by  new  §  405. 

§  [21]  ^i 5.  [Commissioner  of  labor  to  e]^nforcemen^  [pro- 
visions] of  article.  [The  commissioner  of  labor  shall  enforce  all 
the  provisions  of  this  article.  He  shall  investigate  complaints 
made  to  him  of  violations  of  such  provisions  and  if  he  finds  that 
such  complaints  are  well  founded  he  shall  issue  an  order  directed 
to  the  person  or  corporation  complained  of,  requiring  such  person 
or  corporation  to  comply  with  such  provisions.  If  such  order  is 
disregarded  the  commissioner  of  labor  shall  present  to  the  district 
attorney  of  the  proper  county  all  the  facts  ascertained  by  him  in 
regard  to  the  alleged  violation,  and  all  other  papers,  documents  or 
evidence  pertaining  thereto,  which  he  may  have  in  his  possession. 
The  district  attorney  to  whom  such  presentation  is  made  shall 
proceed  at  once  to  prosecute  the  person  or  corporation  for  the 
violations  complained  of,  pursuant  to  this  chapter  and  the  pro- 
visions of  the  penal  law.  If  complaint  is  made  to  the  commis- 
sioner of  labor  that  any  person  contracting  with  the  state  or  a 
municipal  corporation  for  the  performance  of  any  public  work 
fails  to  comply  with  or  evades  the  provisions  of  this  article  re- 
specting the  payment  of  the  prevailing  rate  of  wages,  the  require- 
ments of  hours  of  labor  or  the  employment  of  citizens  of  the 
United  States  or  of  the  state  of  New  York,]  //  the  commissioner 
[of  labor  shall  if  he]  finds  [such  complaints  to  be  well  founded,] 
that  any  provision  of  this  article  has  heen  violated,  he  shall 
present  evidence  of  such  noncompliance  to  the  officer,  depart- 
ment or  board  having  charge  of  such  work.  Such  officer,  depart- 
ment or  board  shall  thereupon  take  the  proper  proceedings  to 
revoke  the  contract  of  the  person  violating  [failing  to  comply 
with  or  evading]  such  provisions. 

Note. —  Old  §  31,  first  part  of  section  covered  by  general  provisions. 

§  [4]  219.  [Violations  of  the  labor  law]  Proceedings  for 
nonenf  or  cement.  Any  officer,  agent  or  employee  of  this  state  or 
of  a  municipal  corporation  therein  having  a  duty  to  act  in  the 
premises  who  violates,  [evades]  or  knowingly  permits  the  vio- 
lation [or  evasion]  of  any  of  the  provisions  of  this  [chapter] 


176     Appendix  I  —  Bills  Submitted  to  the  Legislature 

article  shall  be  guilty  of  malfeasance  in  oflSce  and  shall  be  sus- 
pended or  removed  by  the  authority  having  power  to  appoint  or 
remove  such  officer,  agent  or  employee;  otherwise  by  the  gover- 
nor. Any  citizen  of  this  state  may  maintain  proceedings  for  the 
suspension  or  removal  of  such  officer,  agent  or  employee  or  may 
maintain  an  action  for  the  purpose  of  securing  the  cancellation  or 
avoidance  of  any  contract  which  by  its  terms  or  manner  of  per- 
formance violates  this  [chapter]  article  or  for  the  purpose  of  pre- 
venting any  officer,  agent  or  employee  of  such  municipal  corpo- 
ration from  paying  or  authorizing  the  payment  of  any  public 
money  for  work  done  there£upon]|wrM?er. 

Note. — Adapted  from  old  §  4.     See  new  §  405  in  relation  to  penalty. 

ARTICLE  8. 

EMPLOYMENT  AGENCIES  AND  IMMIGRANT  LODGING  HOUSES. 

Section  225.  Definition. 

226.  Immigrant  lodging  houses  to  he  licenced. 

227.  Issuance  of  immigrant  lodging-house  license. 

228.  Rate  of  charges  to  he  posted  and  filed. 

§  225.  Definition.  The  term  "immigrant  lodging  house,"  as 
used  in  this  article,  includes  any  place,  hoarding  house,  lodging- 
house,  inn  or  hotel  where  immigrants  or  emigrants  while  in 
transit,  or  aliens  are  received,  lodged,  hoarded  or  harhored,  hut 
does  not  include  any  place  maintained  or  conducted  hy  a  chari- 
table, philanthropic  or  religious  society,  association  or  corporation. 
Nothing  contained  herein  applies  to  temporary  sleeping  quarters 
in  Ichor  or  construction  camps. 

Note. —  Taken  from  old  §  156,  sub,  4. 

§  [156.  The  licensing  and  regulation  of  immigrant  lodging 
places.]  226.  Immigrant  lodging  houses  to  he  licensed.  [[1]  No 
person  shall  [hereafter]  directly  or  indirectly,  [own,]  conduct  or 
keep  an  immigrant  lodging  [place]  house  without  piaving  first 
obtained  from  the  commissioner  of  labor]  a  license  [therefor. 
Before  receiving  such  license  the  applicant  therefor  shall  file  with 
the  commissioner  of  labor,  in  such  form  as  he  may  prescribe,  a 
statement  verified  by  such  applicant,  or  if  said  applicant  ia  a 
corporation,  by  one  of  its  officers,  designating  the  location  of  the 
immigrant  lodging  place  for  which  a  license  shall  be  requested,  and 
specifying  the  number  of  boarders  or  lodgers  received  by  said  ap- 
plicant at  any  one  time  during  the  year  preceding  such  application 


Appendix  I  —  Bills  Submitted  to  the  Legislature     177 

at  the  place  for  which  a  license  is  sought,  or  if  no  business  shall 
have  previously  been  conducted  at  said  place  the  maximum  number 
of  boarders  or  lodgers  which  it  will  accommodate.  With  such 
application  there  shall  be  presented  to  the  commissioner  of  labor 
proof  of  the  good  moral  character  of  the  applicant,  and  in  case 
such  applicant  is  a  corporation,  of  its  officers,  and  in  addition 
thereto,  in  the  discretion  of  the  commissioner  of  labor,  a  bond  to 
the  people  of  the  state  of  New  York,  with  two  or  more  sureties  or 
of  a  surety  company  approved  by  the  commissioner  of  labor,  con- 
ditioned that  the  obligator  shall  obey  all  laws,  rules  and  regulations 
applicable  to  such  immigrant  lodging  place  prescribed  by  any  law- 
ful authority,  and  that  such  obligator  shall  discharge  all  obligations 
and  pay  all  damages,  loss  and  injuries  which  shall  accrue  to  any 
person  or  persons  dealing  with  such  licensee,  by  reason  of  any 
contract  or  other  obligation  of  such  licensee  or  resulting  from  any 
fraud  or  deceit,  conversion  of  property,  oppression,  excessive 
charges,  or  other  wrongful  act  of  said  licensee  or  of  his  servants 
or  agents  in  connection  with  the  business  so  licensed.  Where  the 
number  of  boarders  or  lodgers  specified  in  said  application  shall 
not  exceed  ten  persons  the  penalty  of  said  bond  shall  be  one  hun- 
dred dollars,  where  it  shall  be  more  than  ten  and  less  than  fifty 
persons  it  shall  be  two  hundred  and  fifty  dollars,  and  where  the 
number  shall  be  more  than  fifty  it  shall  be  five  hundred  dollars. 
Any  person  aggrieved  may  bring  an  action  for  the  enforcement 
of  such  bond  in  any  court  of  competent  jurisdiction.  On  the 
approval  of  the  application  for  said  license  and  of  the  bond  filed 
therewith  the  commissioner  of  labor  shall  issue  a  license  authoriz- 
ing the  applicant  to  own,  conduct  and  manage  an  immigrant  lodg- 
ing place  at  the  place  designated  in  the  application  and  to  be 
specified  in  the  license  certificate.  For  such  license  the  applicant 
shall  pay  to  the  commissioner  of  labor  a  fee  of  five  dollars  where 
the  number  of  boarders  or  lodgers  stated  in  the  application  does 
not  exceed  ten,  a  fee  of  ten  dollars  where  such  number  exceeds 
ten  and  does  not  exceed  fifty,  and  a  fee  of  twenty-five  dollars 
where  such  number  exceeds  fifty.  Such  license  shall  not  be  trans- 
ferable without  the  consent  of  the  commissioner  of  labor,  nor 
authorize  the  conduct  of  an  immigrant  lodging  place  on  any  other 
premises  than  those  described  in  the  application.  Such  license 
shall  be  renewable  annually  on  the  payment  of  a  fee  based  on  the 
maximum  number  of  boarders  and  lodgers  received  by  the  licensee 
at  the  place  licensed  during  the  preceding  year.    The  commissioner 


178     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

of  labor  shall  keep  a  book  or  books  in  which  the  licenses  granted 
and  the  bonds  filed  shall  be  entered  in  alphabetical  order,  together 
with  a  statement  of  the  date  of  the  issuance  of  the  license,  the  nii:ne 
or  names  of  the  principals,  the  place  where  the  business  licensed  is 
to  be  transacted,  the  names  of  the  sureties  upon  the  bond  filed  and 
the  amount  of  the  license  fee  paid  by  the  licensee. 

2.  Every  licensee  shall  keep  conspicuously  posted  in  the  public 
rooms  and  in  each  bedroom  of  the  place  licensed  a  statement 
printed  in  the  English  language  and  in  the  language  understood 
by  the  majority  of  the  patrons  of  said  place,  specifying  the  rate 
of  charges  by  the  day  and  week  for  lodging,  for  meals  supplied, 
for  the  transportation  of  passengers  and  baggage,  the  services  of 
guides,  and  other  service  rendered  to  such  patrons,  ^o  sum  shall 
be  charged  or  received  by  or  for  the  licensee  in  excess  of  such 
posted  rates  for  any  service  rendered,  and  payment  shall  not  be 
enforceable  for  any  charge  in  excess  of  such  rates.  A  copy  of  the 
rates  so  posted  shall  be  filed  by  the  licensee  with  the  commissioner 
of  labor,  and  no  increased  rate  shall  be  charged  or  received  until 
a  revised  schedule  showing  such  increase  shall  have  been  filed 
with  the  commissioner  of  labor.  Every  such  licensee  shall  like- 
wise file  with  the  commissioner  of  labor  a  list  specifying  the 
names  and  addresses  of  every  person  employed  by  such  licensee 
as  a  runner,  guide  or  other  employee,  and  showing  whether  such 
person  is  employed  at  a  salary  or  on  commission. 

3.  A  license  granted  hereunder  shall  be  revocable  by  the  com- 
missioner of  labor  on  notice  to  the  licensee  and  for  cause  shown. 

4.  The  term  immigrant  lodging  place  as  used  in  this  section 
includes  any  place,  boarding  house,  lodging  house,  inn  or  hotel 
where  immigrants  or  emigrants  while  in  transit,  or  aliens  are 
received,  lodged,  boarded  or  harbored,  which  shall  not  include  any 
place  maintained  or  conducted  by  a  charitable,  philanthropic  or 
religious  society,  association  or  corporation.  Nothing  contained 
herein  shall  be  held  to  apply  to  temporary  sleeping  quarters  in 
labor  or  construction  camps. 

5.  Any  person  or  any  oSicer  of  a  corporation  owning,  conduct- 
ing or  managing  an  immigrant  lodgiiig  place  without  having  ob- 
tained from  the  commissioner  of  labor  a  license  therefor,  or  who 
shall  carry  on  such  business  after  the  revocation  of  a  license  to 
carry  on  such  business,  or  who  shall  violate  any  of  the  provisions 
of  this  section,  shall  be  guilty  of  a  misdemeanor. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     179 

6.  The  license  fees  collected  hereunder  shall  be  paid  to  the 
comptroller  and  shall  constitute  a  fund  to  be  used  in  the  joint  dia- 
cretion  of  the  comptroller  and  commissioner  of  labor  for  the  ex- 
penses necessary  for  carrying  out  the  provision  of  this  section.] 
issued  as  provided  in  section  two  hundred  and  twenty-seven. 

Note. —  The  provision  of  old  §  156,  sub.  1,  for  issuance  of  licenses  covered 
by  new  §  227.  Old  §  156,  sub.  2,  covered  by  new  §  228.  Old  §  156,  sub.  3, 
covered  by  new  §  227.  Old  §  156,  sub.  4,  covered  by  new  §  225.  Old  §  156, 
sub.  5,  covered  by  new  §  405.  Old  §  156,  sub.  6,  omitted  as  unconstitutional 
under  article  3,  §  21  of  the  state  constitution. 

§  227.  Issuance  of  immigrant  lodging-house  license.  1.  An  ap- 
plication for  a  license  to  conduct  an  immigrant  lodging  hov^e  shall 
he  made  to  the  commissioner  hy  the  owner,  proprietor  or  lessee  of 
the  immigrant  lodging  house  or  his  duly  authorized  agent.  Such 
application  shall  he  made  upon  hlanhs  prepared  and  furnished  hy 
the  commissioner  and  shall  state  under  oath  the  location  of  the 
immigrant  lodging  house,  and  the  maximum  numher  of  hoarders 
or  lodgers  which  it  will  accommodate. 

With  such  application  there  shall  he  presented  to  the  commis- 
sioner proof  of  the  good  moral  character  of  the  applicant,  and  in 
case  such  applicant  is  a  corporation,  of  its  officers,  and  in  addition 
thereto,  in  the  discretion  of  the  commissioner,  a  hond  to  the  people 
of  the  state  of  New  York,  with  two  or  more  sureties  or  of  a  surety 
company  approved  hy  the  commissioner,  conditioned  that  the 
ohligor  shall  ohey  all  laws,  rules  and  regulations  applicahle  to  such 
immigrant  lodging  house,  prescrihed  hy  any  lawful  authority,  and 
that  such  ohligor  shall  discharge  all  ohligations  and  pay  all  dam- 
age or  loss  which  shall  accrue  to  any  person  dealing  with  such 
licensee,  hy  reason  of  any  contract  or  other  ohligation  of  such 
licensee,  or  resulting  from  any  fraud  or  deceit,  conversion  of  prop- 
erty, oppression,  excessive  charges,  or  other  wrongful  act  of  said 
licensee  or  of  his  servants  or  agents  in  connection  with  the  husiness 
so  licensed.  Where  the  numher  of  hoarders  or  lodgers  specified 
in  said  application  does  not  exceed  ten  persons  the  penalty  of  said 
hond  shall  he  one  hundred  dollars;  where  such  numher  exceeds 
ten  and  does  not  exceed  fifty  persons  it  shall  he  two  hundred  and 
fifty  dollars,  and  where  the  numher  exceeds  fifty  it  shall  he  five 
hundred  dollars.  Any  person  aggrieved  may  hring  an  action  for 
the  enforcement  of  such  hond  in  any  court  of  competent  juris- 
diction. 


180     Appendix  I  —  Bills  Submitted  to  the  Legislature 

2.  The  applicant  for  a  license  shall  pay  to  the  commissioner  a 
fee  of  five  dollars  where  the  number  of  boarders  or  lodgers  stated 
in  the  application  does  not  exceed  ten,  a  fee  of  ten  dollars  where 
such  number  exceeds  ten  and  does  not  exceed  fifty,  and  a  fee  of 
twenty-five  dollars  where  such  number  exceeds  fifty. 

3.  On  the  approval  of  the  application  for  a  license  and  of  the 
bond  filed  therewith  the  commissioner  shall  issue  a  license  avr 
thorizing  the  applicant  to  conduct  and  keep  an  immigrant  lodging 
house  at  the  place  designated  in  the  application  and  to  be  specified 
in  the  license  certificate.  Such  license  shall  not  be  transferable 
without  the  consent  of  the  commissioner,  nor  authorize  the  con- 
ducting or  keeping  of  an  immigrant  lodging  house  on  any  other 
premises  than  those  described  in  the  application.  The  license 
shall  be  renewable  annually  on  the  payment  of  a  fee  based  on  the 
maximum  number  of  persons  boarded  or  lodged  by  the  licensee  at 
the  house  licensed,  during  the  preceding  year,  as  shown  in  a  sworn 
statement  filed  by  such  applicant  in  such  form  as  the  commissioner 
shall  prescribe.  The  commissioner  may  revoke  the  license  for  any 
violation  of  this  article  or  of  any  rules  or  regulations  of  the  com- 
missioner, or  of  the  industrial  board  upon  notice  to  the  licensee. 

Note. —  Taken  from  old  §  156,  sub.  1. 

§  228.  Rate  of  charges  to  be  posted  and  filed.  Every  licensee 
shall  keep  posted  in  a  conspicuous  .place  in  the  public  rooms  and 
in  each  bedroom  of  the  house  licensed  a  statement  printed  in  the 
English  language  and  in  the  language  understood  by  the  majority 
of  the  patrons,  specifying  the  rate  of  charges  by  the  day  and  week 
for  lodging,  for  meals  supplied,  for  the  transportation  of  pas- 
sengers and  baggage,  the  services  of  guides,  and  other  service  ren- 
dered to  such  patrons.  No  sum  shall  be  charged  or  received  by  or 
for  the  licensee  in  excess  of  such  .posted  rates  for  any  service  ren- 
dered, and  payment  shall  not  be  enforceable  for  any  charge  in  ex- 
cess of  such  rates.  A  copy  of  the  rates  so  posted  shall  be  filed  by 
the  licensee  with  the  commissioner,  and  no  increased  rate  shall  be 
charged  or  received  until  a  revised  schedule  showing  such  increase 
shall  have  been  filed  with  the  commissioner.  Every  such  licensee 
shall  likewise  file  with  the  commissioner  a  list  specifying  the 
names  and  addresses  of  every  person  employed  by  such  licensee  as 
a  runner,  guide  or  other  employee,  and  showing  whether  such  per- 
son is  employed  at  a  salary  or  on  commission. 

Note.—  Taken  from  old  §  156,  sub.  2. 


Appendix  I  —  Bills  Subaiitted  to  the  Legislature     181 
ARTICLE  9. 

BUTLDINO    CONSTRUCTION  AND  REPAIR  WORK. 

Section.  2S0.  Safe  scaffolding  required  for  use  of  employees. 

251.  Protection  of  employees  on  building  construction 

work. 

252.  Enforcement  of  this  article  in  cities. 

§  230.  Safe  scaffolding  required  for  use  of  employees.  1. 
Every  person  employing  or  directing  another  to  perform  labor  of 
any  kind  in  the  erection,  repairing,  altering,  painting,  cleaning 
or  pointing  of  a  building  or  structure  shall  furnish  or  erect,  or 
cause  to  be  furnished  or  erected  for  the  performance  of  su^h 
labor,  scaffolding,  hoists,  stays,  ladders,  slings,  hangers,  blocks, 
pulleys,  braces,  irons,  ropes  or  other  mechanical  contrivances  which 
are  so  constructed,  placed  and  operated  as  to  give  proper  protection 
to  the  life  and  limb  of  a  person  so  employed  or  engaged. 

2.  Scaffolding  or  staging  more  than  twenty  feet  from  the  ground 
or  floor  swung  or  suspended  from  an  overhead  support,  or  erected 
with  stationary  supports,  except  scaffolding  wholly  within  the 
interior  of  a  building  and  covering  the  entire  floor  space  of  any 
room  therein,  shall  have  a  safety  rail  of  suitable  material,  properly 
bolted,  secured  and  braced,  rising  at  least  thirty-four  inches  above 
the  floor  or  main  portions  of  such  scaffolding  or  staging  and  ex- 
tending along  the  entire  length  of  the  outside  and  the  ends  thereof, 
with  only  such  openings  as  may  be  necessary  for  the  delivery  of 
materials.  Such  scaffolding  or  staging  shall  be  so  fastened  as  to 
prevent  the  same  from  swaying  from  the  building  or  structure. 

S.  All  scaffoldi^ig  shall  be  so  constructed  as  to  bear  four  times 
the  maximum  weight  required  to  be  dependent  therefrom  or  placed 
thereon,  when  in  use. 

Jf.  If  the  commissioner  finds  that  any  such  scaffolding  or  other 
mechanical  contrivance  is  unsafe,  he  shall  attach  thereto  a  notice 
warning  all  persons  against  the  use  thereof.  Such  notice  shall  not 
be  removed  except  by  an  authorized  representative  of  the  depart- 
ment, nor  until  such  scaffolding  or  other  mechanical  contrivance 
is  made  safe  and  in  the  meantime  the  scaffolding  or  other  mechan- 
ical contrivance  shall  not  be  used. 

Note. —  Subdivisions  1  and  2  taken  from  old  §  18.  Subdivisions  3  and  4 
taken  from  old  §  19.  Last  sentence  of  old  §  19,  that  not  more  than  four 
men  shall  be  allowed  on  swinging  scaffold  omitted. 

§  231.  Protection  of  employees  on  building  construction  work 
in  cities.  All  contractors  and  owners,  when  constructing  buildings 
in  cities,  shall  comply  with  the  following  requirements: 


182     Appendix  I  —  Bills  Submitted  to  the  Legislatube 

1.  Where  the  floors  are  to  be  arched  between  the  beams  thereof, 
or  where  the  floors  or  filling  in  between  the  floors  are  of  fireproof 
material,  the  flooring  or  filling  in  shall  be  completed  as  the  build- 
ing progresses. 

2.  If  the  floors  are  to  be  fllled  in  with  wood  beams  the  under- 
flooring  shall  be  laid  on  each  story  as  the  building  progresses. 

S.  Where  double  floors  are  not  to  be  used,  the  floors  two  stories 
immediately  below  the  story  where  the  work  is  being  performed 
shall  be  kept  planked  over. 

Jf.  If  the  floor  beams  are  of  iron  or  steel,  the  entire  tier  of  iron 
or  steel  beams  on  which  the  structural  iron  or  steel  work  is  being 
erected,  except  such  spaces  as  may  be  reasonably  required  for  the 
proper  construction  of  such  iron  or  steel  work,  and  for  the  raising 
or  lowering  of  materials  to  be  used  in  the  construction  of  such 
building,  or  such  spaces  as  may  be  designated  by  the  plans  and 
specifications  for  stairways  and  elevator  shafts  shall  be  thoroughly 
planked  over. 

5.  If  elevators,  elevating  machines  or  hod-hoisting  apparatus 
are  used  within  a  building  in  the  course  of  construction,  for  the 
purpose  of  lifting  materials  to  be  used  in  such  construction,  the 
shafts  or  openings  in  each  floor  shall  be  inclosed  or  fenced  in  on 
all  sides  by  a  barrier  of  suitable  height,  except  on  two  sides  which 
may  be  used  for  taking  off  and  putting  on  materials,  and  those 
sides  shall  be  guarded  by  an  adjustable  barrier  not  less  than  three 
nor  more  than  four  feet  from  the  floor  and  not  less  than  two  feet 
from  the  edge  of  such  shaft  or  opening. 

Note  —  Taken  from  old  §  20,  words  "  plans  and  specifications  "  in  old  sec- 
tion omitted.  Provision  that  planking  shall  extend  not  less  than  six  feet 
omitted.  Provision  that  no  lumber  be  hoisted  on  outside  omitted.  Provision 
that  shaft  be  enclosed  by  barrier  not  less  than  eight  feet  in  height  changed  to 
barrier  of  suitable  height. 

§  232.  Enforcement  of  article.  The  chief  officer  charged  with 
the  enforcement  of  the  building  laws  of  any  city  and  the  commis- 
sioner shall  enforce  the  provisions  of  this  article.  Such  chief 
officer  shall  have  all  the  powers  for  the  enforcement  of  this  article 
that  are  vested  in  the  commissioner. 

Note. —  Taken  from  old  §  20,  last  sentence. 

ARTICLE  [6.]  10. 

FACTORIES. 

[Section  69.      Registration  of  factories. 

70.  Employment  of  minors. 

71.  Employment  certificate,  how  issno'^ 


Appendix  I  —  Bills  Submitted  tO  the  Legislaturk     183 

72.  Contents  of  certificate. 

73.  School  record,  what  to  contain. 

75.  Supervision  over  issuance  of  certificates. 

76.  K(?gistry  of  children  employed. 

76-a.  Physical  examination  of  children  in  factorii's; 
cancellation  of  employment  certificates. 

77.  Hours  of  labor  of  children,  minors  and  women. 

78.  Exceptions. 

79.  Elevators  and  hoistways. 

79-a.  Construction  of  factory  buildings  hereaftiir 
erected. 

79-b.  Requirements  for  existing  buildings. 

79-c.  Additional  requirements  common  to  buildings 
heretofore  and  hereafter  2rected. 

79-d.  Effect  of  foregoing  provisions ;  inspection  of  build- 
ings and  approval  of  plans. 

79-e.  Limitation  of  number  of  occupants. 

79-f.  Meaning  of  terms. 

81.  Protection  of  employees  operating  machinery; 
dust-creating  machinery;  lighting  of  factories 
and  workrooms. 

83-a.  Fire  alarm  signal  systems  and  fire  drills. 

83-b.  Automatic  sprinklers. 

83-c.  Fire  proof  receptacles;  gas  jets;  smoking. 

84.  Cleanliness  of  rooms. 

84-a.  Cleanliness  of  factory  buildings. 

85.  Size  of  rooms. 

86.  Ventilation. 

87.  Accidents  to  be  reported. 

88.  Drinking  water,  wash-rooms  and  dressing  rooms. 
88-a.  Water  closets. 

89.  Time  allowed  for  meals. 

89-a.  Prohibition  against  eating  meals  in  certain  work 
rooms. 

90.  Inspection  of  factory  buildings. 

92.  Laundries. 

93.  Prohibited  employment  of  women  and  children. 
93-a.  Employment    of    females    after    childbirth    pro- 
hibited. 

93-b.  Period  of  rest  at  night  for  women. 

94.  Tenant-factories. 

95.  Unclean  factories. 


184     Appendix  I  —  Bills  Submitted  to  the  Legislature 

96.  Definition  of  "  custodian." 

97.  Brass,  iron  and  steel  foundries. 

98.  Labor  camps. 

99.  Dangerous  trades. 
99-a.  Laws  to  be  posted.] 

TITLE  I.— ACCIDENT  PREVENTION. 
Section  2S5.  Elevators  and  hoistways. 

286.  Protection  of  employees  operating  machinery, 
2S7.  Lighting  to  prevent  accidents. 

TITLE   II.  — FIRE   HAZARD. 

239.  Industrial  hoard  to  specify  materials  and  forms  of 

construction. 

240.  Incombustible  fireproof  and  fireresisting  material. 
2J^1.  Fire  door. 

2Jf2.  Fireproof  windoio. 

243.  Fireproof  partition. 

244'  Fireproof  building. 

245.  Fire  wall. 

246.  Exterior  enclosed  fireproof  stairiuay. 

247.  Horizontal  exit. 

24s.  Exterior  screened  stairway. 

249.  Application  of  provisions. 

250.  Construction  of  buildings  erected  after  October  first, 

nineteen  hundred  and  thirteen. 

251.  Requirements  for  buildings  erected  before  October 

first,  nineteen  hundred  and  thirteen. 

252.  Additional  requirements  common  to  all  buildings. 

253.  Fire  escapes  erected  after  October  first,  nineteen 

hundred  and  thirteen. 
254'  Fire  escapes  erected  before  October  first,  nineteen 
hundred  and  thirteen. 

255.  Special  laws  and  local  ordinances. 

256.  Inspection  of  buildings  and  approval  of  plans. 

257.  Limitation  of  number  of  occiupdnts, 

258.  Fire  alarm  signal  systems. 

259.  Fire  drills. 

260.  Automatic  sprinMers. 

261.  Fireproof  receptacles, 

262.  Gas  jets. 
268.  Smoking. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     185 

TITLE    III.— SANITATION. 

270.  Cleanliness  of  factory  rooms. 

271.  Cleanliness  of  factory  buildings, 

272.  Drinking  water. 

273.  Washrooms. 
274-  Dressing  rooms, 

275.  Water-closets. 

276.  Laundries. 

277.  Unclean  factories. 

278.  Living  quarters  for  factory  employees, 

279.  Ventilation,  heat  and  humidity. 

280.  Size  of  rooms. 

281.  Illumination. 

TITLE  IV.— FOUNDRIES. 

285.  Foundries. 

TITLE  v.—  DUTIES  OF  OWNERS  AND  OCCUPIERS. 

286.  Duties  of  owners  and  occupiers. 

TITLE    I.— ACCIDENT  PREVENTION. 

§  [79]  2S5.  Elevators  and  hoistways.  1.  [Inclosure  of  shafts.] 
In  every  factory  building  erected  before  October  first,  nineteen  hun- 
dred and  fourteen,  [E]everj  hoistway,  hatchway  or  well-hole  used 
for  elevators  carrying  passengers^  [^^]  employees,  or  [for]  freight 
[elevators,]  or  used  for  hoisting  or  other  purpose,  shalL  except 
as  provided  in  subdivision  two,  he  protected  on  all  sides  at  each 
floor  including  the  basement,  by  substantial  vertical  inclosures. 
All  openings  in  such  inclosures  shall  be  provided  with  self-closing 
gates  of  [suitable]  sufficient  height,  or  with  properly  constructed 
[sliding]  doors.  In  the  ease  of  elevators  used  for  carrying  pas- 
sengers or  employees,  such  inclosures  shall  be  flush  with  the  hatch- 
way, and  shall  extend  from  floor  to  ceiling  on  every  open  side  of 
the  car,  and  on  every  other  side  shall  be  at  least  six  feet  high,  and 
such  inclosures  shall  be  free  from  fixed  obstructions  on  every  open 
side  of  the  car.  In  the  case  of  freight  elevators  the  inclosures 
shall  be  flush  with  the  hoist  way  on  every  open  side  of  the  car. 

2.  In  place  of  the  inclosures  [herein]  required  in  subdivision 
one  [for  freight  elevators,]  every  hatchway  used  for  freight  ele- 
vator purposes  may  be  provided  with  trap  doors  so  constructed 
as  to  form  a  substantial  floor  surface  when  closed  and  so  arranged 
as  to  open  and  close  by  the  action  of  the  car  in  its  passage  both 


186     Appendix  I  —  Bills  Submitted  to  the  Legislature 

ascending  and  descending.  [;  provided  that  i]  In  addition  to 
such  trap  doors,  the  hatchway  shall  be  adequately  protected  on 
all  sides  at  all  floors,  including  the  basement,  by  a  substantial 
railing  or  other  vertical  inclosure  at  least  three  feet  in  height. 

8.  [2.  Guarding  of  elevators  and  hoistways.  All]  In  every 
factory  building  erected  before  October  first,  nineteen  hundred  and 
thirteen,  all  counter-weights  of  every  elevator  shall  be  adequately 
protected  |[by  proper  inclosures]  at  the  top  and  bottom  of  the  run. 
The  car  of  [all]  every  elevator[s]  in  such  building  used  for 
carrying  passengers  or  employees  shall  be  substantially  [e]m- 
closed  on  all  sides,  including  the  top,  and  [such  car]  shall  [at  all 
times]  be  properly  lighted  during  working  hours  [,  artificial  il- 
luminants  to  be  provided  and  used  when  necessary].  The  top  of 
every  freight  elevator  car  or  platform  in  such  building  shall  be 
provided  with  a  substantial  grating  or  covering  for  the  protection 
of  the  operator  thereof  [,  in  accordance  with  such  rules  and  regu- 
lations as  may  be  adopted  with  reference  thereto  by  the  industrial 
board]. 

J/..  [3.  Elevators  and  hoistways  in  factory  buildings  hereafter 
erected.  The  provisions  of  subdivisions  one  and  two  of  this  section 
shall  apply  only  to  factory  buildings  heretofore  erected.]  In  all 
factory  buildings  [hereafter]  erected  after  October  first,  nineteen 
hundred  and  thirteen,  every  elevator  and  every  part  thereof  and  all 
machinery  connected  therewith  and  every  hoistway,  hatchway 
and  well-hole  shall  be  so  constructed,  guarded,  equipped,  main- 
tained and  operated  as  to  be  safe  for  all  persons  [using  the 
same]. 

5,  [4.  Maintenance  of  elevators  and  hoistways  in  all  factory 
buildings.]  In  every  factory  building  [heretofore  erected  or  here- 
after erected,]  all  inclosures[,  doors  and  gates]  of  hoistways, 
hatchways  or  well-holes,  and  all  elevators  therein  used  for  [the] 
carrying  [of]  passengers,  [or]  employees  or  freight,  and  the 
gates,  [and]  doors,  cables,  gearing  and  other  apparatus  thereof 
shall  at  all  times  be  kept  in  good  repair  and  in  a  safe  condition. 
AJl  openings  leading  to  such  elevators  shall  be  kept  [well] 
properly  lighted  [at  all  times]  during  working  hours[,  with 
artificial  illumination  when  necessary.  The  cable,  gearing  and 
other  apparatus  of  elevators  used  for  carrying  passengers  or  em- 
ployees or  freight  shall  be  kept  in  a  safe  condition]. 

6.  [5.  Powers  of  industrial  board.]  The  industrial  board  shall 
[have  power  to]  make  rules  [and  regulations]  not  inconsistent 


Appendix  I  —  Bills  Submitted  to  the  Legislature     187 

with  the  provisions  of  this  chapter  regulating  the  construction, 
guarding,  equipment,  maintenance  and  operation  of  elevators  and 
all  parts  thereof,  and  all  machinery  connected  therewith  and 
hoistways,  hatchways  and  well-holes  in  order  to  carry  out  the  pur- 
pose [and  intention]  of  this  section. 

§  [81]  236.  Protection  of  employees  operating  machinery [; 
dust-creating  machinery ;  lighting  of  factories  and  workrooms.  1. 
The  owner  or  person  in  charge  of  a  factory  where  machinery  is 
used,  shall  provide,  as  may  be  required  by  the  rules  and  regula- 
tions of  the  industrial  board,  belt  shifters  or  other  mechanical 
contrivances  for  the  purpose  of  throwing  on  or  off  belts  on  pulleys. 
Whenever  practicable,  all  machinery  shall  be  provided  with  loose 
pulleys.  Every  vat  and  pan  wherever  set  so  that  the  opening  or 
top  thereof  is  at  a  lower  level  than  the  elbow  of  the  operator  or 
operators  at  work  about  the  same  shall  be  protected  by  a  cover 
which  shall  be  maintained  over  the  same  while  in  use  in  such 
manner  as  effectually  to  prevent  such  operators  or  other  persons 
falling  therein  or  coming  in  contact  with  the  contents  thereof,  ex- 
cept that  where  it  is  necessary  to  remove  such  cover  while  any 
such  vat  or  pan  is  in  use,  such  vat  or  pan  shall  be  protected  by  an 
adequate  railing  around  the  same.  Every  hydro-extractor  shall 
be  covered  or  otherwise  properly  guarded  while  in  motion.  Every 
saw  shall  be  provided  with  a  proper  and  effective  guard.  Every 
planer  shall  be  protected  by  a  substantial  hood  or  covering.  Every 
hand-planer  or  jointer  shall  be  provided  with  a  proper  and  effective 
guard.  All  cogs  and  gearing  shall  be  boxed  or  cased  either  with 
metal  or  wood.  All  belting  within  seven  feet  of  the  floors  shall  be 
properly  guarded.  All  revolving  shafting  within  seven  feet  of 
the  floors  shall  be  protected  on  its  exposed  surface  by  being  en- 
cased in  such  a  manner  as  to  effectively  prevent  any  part  of  the 
body,  hair  or  clothing  of  the  operators  or  other  persons  from  com- 
ing in  contact  with  such  shafting.  All  set-screws,  keys,  bolts  and 
all  parts  projecting  beyond  the  surface  of  revolving  shafting  shall 
be  countersunk  or  provided  with  suitable  covering,  and  machinery 
of  every  description  shall  be  properly  guarded  and  provided  with 
proper  safety  appliances  or  devices.  All  machines,  machinery  ap- 
paratus, furniture  and  fixtures  shall  be  so  placed  and  guarded  in 
relation  to  one  another  as  to  be  safe  for  all  persons.  Whenever 
any  danger  exists  which  requires  any  special  care  as  to  the  char- 
acter and  condition  of  the  clothing  of  the  persons  employed  there- 
abouts, or  which  requires  the  use  of  special  clothing  or  guards,  the 


188     Appendix  I  —  Bills  Submitted  to  the  Legislature 

industrial  board  may  make  rules  and  regulations  prescribing  what 
shall  be  used  or  worn  for  the  purpose  of  guarding  against  such 
danger  and  regulating  the  provision,  maintenance  and  use  thereof. 
No  person  shall  remove  or  make  ineffective  any  safeguard  or  safety 
appliance  or  device  around  or  attached  to  machinery,  vats  or  pans, 
unless  for  the  purpose  of  immediately  making  repairs  thereto  or 
adjustment  thereof,  and  any  person  who  removes  or  makes  ineffec- 
tive any  such  safeguard,  safety  appliance  or  device  for  a  per- 
mitted purpose  shall  immediately  replace  the  same  when  such 
purpose  is  accomplished.  It  shall  be  the  duty  of  the  employer 
and  of  every  person  exercising  direction  or  control  over  the  person 
who  removes  such  safeguard,  safety  appliance  or  device,  or  over 
any  person  for  whose  protection  it  is  designed  to  see  that  a  safe- 
guard or  safety  appliance  or  device  that  has  been  removed  is 
promptly  and  properly  replaced.  All  fencing,  safeguards,  safety 
appliances  and  devices  must  be  constantly  maintained  in  proper 
condition.  When  in  the  opinion  of  the  commissioner  of  labor  a 
machine  or  any  part  thereof  is  in  a  dangerous  condition  or  is  not 
properly  guarded  or  is  dangerously  placed,  the  use  thereof  shall 
be  prohibited  by  the  commissioner  of  labor  and  a  notice  to  that 
effect  shall  be  attached  thereto.  Such  notice  shall  not  be  removed 
except  by  an  authorized  representative  of  the  department  of  labor, 
nor  until  the  machinery  is  made  safe  and  the  required  safe- 
guards or  safety  appliances  or  devices  are  provided,  and  in  the 
meantime  such  unsafe  or  dajigerous  machinery  shall  not  be  used. 
The  industrial  board  may  make  rules  and  regulations  regulating 
the  installation,  position,  operation,  guarding  and  use  of  machines 
and  machinery  in  operation  in  factories,  the  furnishing  and  use 
of  safety  devices  and  safety  appliances  for  machines  and  ma- 
chinery and  of  guards  to  be  worn  upon  the  person,  and  other 
cognate  matters,  whenever  it  finds  such  regulations  necessary  in 
order  to  provide  for  the  prevention  of  accidents  in  factories. 

2.  All  grinding,  polishing  or  buffing  wheels  used  in  the  course 
of  the  manufacture  of  articles  of  the  baser  metals  shall  be  equipped 
with  proper  hoods  and  pipes  and  such  pipes  shall  be  connected  to 
an  exhaust  fan  of  sufficient  capacity  and  power  to  remove  all 
matter  thrown  off  such  wheels  in  the  course  of  their  use.  Such 
fan  shall  be  kept  running  constantly  while  such  grinding,  polish- 
ing or  buffing  wheels  are  in  operation;  except  that  in  case  of  wet- 
grinding  it  is  unnecessary  to  comply  with  this  provision  unless 
required  by  the  rules  and  regulations  of  the  industrial  board. 


I 


Appendix  I  —  Bills  Submitted  to  the  Legislature     189 

All  machinery  creating  dust  or  impurities  shall  be  equipped  with 
proper  hoods  and  pipes  and  such  pipes  shall  be  connected  to  an 
exhaust  fan  of  sufficient  capacity  and  power  to  remove  such  dust 
or  impurities ;  such  fan  shall  be  kept  running  constantly  while  such 
machinery  is  in  use;  except  where,  in  case  of  wood-working  .ma- 
chinery, the  industrial  board  shall  decide  that  it  is  unnecessary 
for  the  health  and  welfare  of  the  operatives. 

3.  All  passageways  and  other  portions  of  a  factory,  and  all 
moving  parts  of  machinery  which  are  not  so  guarded  as  to  pre- 
vent accidents,  where,  on  or  about  which  persons  work  or  pass 
or  may  have  to  work  or  pass  in  emergencies,  shall  be  kept  prop- 
erly and  *  and  sufficiently  lighted  during  working  hours.  The 
halls  and  stairs  leading  to  the  workrooms  shall  be  properly  and 
adequately  lighted,  and  a  proper  and  adequate  light  shall  be  kept 
burning  by  the  owner  or  lessee  in  the  public  hallways  near  the 
stairs,  upon  the  entrance  floor  and  upon  the  other  floors  on  every 
workday  in  the  year,  from  the  time  when  the  building  is  open 
for  use  in  the  morning  until  the  time  it  is  closed  in  the  evening, 
except  at  times  when  the  influx  of  natural  light  shall  make  arti- 
ficial light  unnecessary.  Such  lights  shall  be  so  arranged  as  to 
insure  their  reliable  operation  when  through  accident  or  other 
cause  the  regular  factory  lighting  is  extinguished. 

4.  All  workrooms  shall  be  properly  and  adequately  lighted 
during  working  hours.  Artificial  illuminants  in  every  workroom 
shall  be  installed,  arranged  and  used  so  that  the  light  furnished 
will  at  all  times  be  sufficient  and  adequate  for  the  work  carried 
on  therein,  and  so  as  to  prevent  unnecessary  strain  on  the  vision 
or  glare  in  the  eyes  of  the  workers.  The  industrial  board  may 
make  rules  and  regulations  to  provide  for  adequate  and  sufficient 
natural  and  artificial  lighting  facilities  in  all  factories]. 

1.  In  every  factory  all  machinery  shall  he  properly  guarded 
and  provided  with  proper  safety  appliances  or  devices. 

a.  Whenever  practicable,  all  machinery  shall  he  provided 
with  loose  pulleys  and  with  helt  shifters  for  throwing  helts  on 
Or  off  pulleys  or  with  other  mechanical  contrivances  for  dis- 
engaging power. 

h.  The  openings  or  tops  of  vats  and  pans  shall  he 
adequately  protected  and  guarded.  Every  hydro-extractor 
shall  he  covered  or  otherwise  properly  guarded  while  in 
motion. 

c.  Every  saw,  hand-planer  or  jointer  shall  he  provided  with 
a  proper  guard  and  every  wood  planer  shall  he  provided  with 
a  substantial  hood  or  other  covering. 


190     Appendix  I  —  Bills  Submitted  to  the  Legislature 

d.  All  cogs  and  gearing  unless  otherwise  'properly  pro- 
tected shall  be  boxed  or  cased  with  metal  or  wood. 

e.  All  dangerous  belting  within  seven  feet  of  the  floor  shall 
be  properly  guarded  and  all  revolving  shafting  within  seven 
feet  of  the  floor  shall  be  so  encased  as  to  prevent  any  part  of 
the  body,  hair  or  clothing  of  any  person  from  coming  in  con- 
tact therewith  or  shall  be  otherwise  adequately  protected. 

f.  All  set-screws,  keys,  bolts  and  all  parts  projecting  beyond 
the  surface  of  revolving  shafting  shall  be  counter-sunk  or 
provided  with  suitable  covering. 

g.  All  machinery,  apparatus,  furniture  and  fixtures  shall 
be  so  placed  and  guarded  in  relation  to  one  another  as  to  be 
safe  for  all  persons. 

h.  Whenever  necessary  for  the  safety  of  employees  special 
clothing  or  guards  to  be  worn  upon  the  person  shall  be  pro- 
vided and  used. 

2.  No  person  shall  remove  or  make  ineffective  any  safeguard 
or  safety  appliance  or  device  around  or  attached  to  machinery, 
vats  or  pans,  unless  for  the  purpose  of  immediately  repairing  or 
adjusting  such  machinery,  guard,  appliance  or  device  and  he  shall 
immediately  replace  such  guard,  appliance  or  device  when  such 
purpose  is  accomplished.  It  shall  be  the  duly  of  the  employer  and 
of  every  person  exercising  direction  or  control  over  the  person  who 
removes  such  safeguard,  safety  appliance  or  device,  or  over  any 
person  for  whose  protection  it  is  designed,  to  see  that  it  is  promptly 
and  properly  replaced.  All  safeguards,  safety  appliances  and 
devices  shall  be  constantly  maintained  in  proper  condition. 

3.  If  the  commissioner  finds  that  a  machine  or  any  part  thereof 
is  in  a  dangerous  condition  or  is  not  properly  guarded  or  is  dan- 
gerously placed,  he  shall  attach  to  such  machine  a  notice  warning 
all  persons  against  the  use  thereof.  Such  notice  shall  not  be  re- 
moved except  by  an  authorized  representative  of  the  department 
nor  until  the  machinery  is  made  safe  and  the  required  safe- 
guards or  safety  appliances  or  devices  are  provided,  and  in  the 
meantime  such  machinery  shall  not  be  used. 

Note. —  Rewritten  from  old  §  81,  sub.  1.  The  last  sentence  of  old  §  81, 
sub.  1,  covered  by  new  §  217.  Old  §  81,  sub.  2,  covered  by  new  §  279.  Old 
§  81,  sub.  3,  covered  by  general  powers  of  industrial  board.  Section  81,  sub. 
4,  covered  by  new  §  281.  Subdivision  1-b  of  this  section  made  general;  sub. 
c,  word  "  wood  "  inserted  before  "  planers " ;  sub.  d,  words  "  unless  others 
were  properly  protected",  new;  sub.  e,  word  "dangerous"  before  belting  in 
first  sentence,  new;  words  "  or  shall  be  otherwise  adequately  protected,"  at 
pnd  of  subdivision,  new. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     191 

§  237.  Lighting  to  prevent  accidents.  1.  If  in  any  factory  there 
are  any  moving  parts  of  machinery  which  are  not  required  to  he 
guarded  under  the  provisions  of  section  one  hundred  and  seventy- 
six  or  the  rules  of  the  industrial  hoard,  all  such  moving  parts 
shall  he  kept  properly  lighted  during  working  hours  when  neces- 
sary to  prevent  accidents. 

2.  In  every  factory  all  places  where  persons  work  or  pass  or 
may  have  to  work  or  pass  in  emergencies,  shall  he  kept  properly 
lighted  during  working  hours. 

S.  The  halls  and  stairs  leading  to  factory  workrooms  shall  he 
kept  properly  lighted  during  working  hours.  Except  when  ar- 
tificial light  is  unnecessary  a  liglit  shall  he  maintained  in  the  puh- 
lic  hallways  near  the  stairs  upon  every  floor  during  every  working 
day  from  the  time  the  huilding  is  opened  for  use  until  it  is  closed. 
Su^h  lights  shall  he  so  arranged  as  to  insure  their  reliable  operor 
tion  when  through  accident  or  other  cause  the  regular  factory 
lighting  is  extinguished.  Where  the  factory  is  lighted  hy  electricity 
the  lights  shall  he  on  a  separate  circuit  from  the  regular  factory 
lighting  system. 

Note. —  Taken  from  old  §  81,  sub.  3.    Last  sentence  new. 

TITLE  II.— FIRE  HAZARD. 

§  239.  Industrial  hoard  to  specify  materials  and  forms  of  con- 
struction. Whenever  in  this  title  specific  materials  or  forms  of  con- 
struction are  required,  any  others  equivalent  thereto  may  he  ac- 
cepted hy  the  industrial  hoard,  if  they  shall  have  passed  the  standi 
ard  tests  prescrihed  hy  the  hoard. 

Note. —  New  section. 

§  [T9-f.]  2JtO.  [Meaning  of  terms.]  IncomhuMihle,  fireproof 
and  fire-resisting  material.  [The  following  terms  when  used  in 
this  article  shall  have  the  following  meanings : 

1.  Fireproof  construction.  A  building  shall  be  deemed  to  be 
of  fireproof  construction  if  it  conforms  to  the  following  require- 
ments: All  walls  constructed  of  brick,  stone,  concrete  or  terra- 
cotta; all  floors  and  roofs  of  brick,  terra-cotta  or  reinforced  con- 
crete placed  between  steel  or  reinforced  concrete  beams  and  girders ; 
all  the  steel  entering  into  the  structural  parts  encased  in  at  least 
two  inches  of  fireproof  material,  excepting  the  wall  columns,  which 
must  be  encased  in  at  least  eight  inches  of  masonry  on  the  outside 
and  four  inches  on  the  inside ;  all  stairwells,  elevator  wells,  public 


192     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

liallways  and  corridors  enclosed  by  fireproof  partitions;  all  doors, 
faces  of  incombustible  material ;  no  woodwork  or  otber  combustible 
fireproof;  all  stairways,  landings,  hallways  and  other  floor  sur- 
material  used  in  any  partition,  furring,  ceiling  or  floor;  and  all 
window  frames,  doors  and  sash,  trim  and  other  interior  finish 
of  incombustible  material ;  all  windows  shall  be  fireproof  windows 
except  that  in  buildings  under  seventy  feet  in  height  fireproof 
windows  are  required  only  when  within  thirty  feet  of  another 
building  or  opening  on  a  court  or  space  less  than  thirty  feet  wide ; 
except  that  in  buildings  under  one  hundred  feet  in  height  there 
may  be  wooden  sleepers  and  floor  finish  and  wooden  trim,  and  ex- 
cept that  in  buildings  under  one  hundred  and  fifty  feet  in  height 
heretofore  constructed  there  may  be  wooden  sleepers,  floor  finish 
and  trim  and  the  windows  need  not  be  fireproof  windows,  excepting 
when  such  windows  are  within  thirty  feet  of  another  building. 

2.  Fireproof  material  is  material  which  is  incombustible  and  is 
capable  of  resisting  the  effect  of  fire  in  such  manner  and  to  such 
extent  as  to  insure  the  safety  of  the  occupants  of  the  building. 
The  industrial  board  shall  determine  and  in  its  rules  and  regula- 
tions shall  specify  what  materials  are  fireproof  materials  within 
the  meaning  hereof.  The  industrial  board  shall  also  determine 
and  in  its  rules  and  regulations  shall  specify  what  materials,  not 
being  fireproof  materials  within  the  meaning  hereof,  are  fire  resist- 
ing materials.  Fire  resisting  material,  when  required  by  any  of 
the  provisions  of  this  chapter,  shall  conform  to  requirements  of 
such  rules  and  regulations. 

3.  Incombustible  material  is  material  which  will  not  burn  or 
support  combustion. 

4.  A  fire  wall  is  a  wall  constructed  of  brick,  concrete,  terra-cotta 
blocks  or  reinforced  stone  concrete,  and  having  at  each  floor  level 
one  or  more  openings  each  protected  by  fire  doors  so  constructed 
as  to  prevent  the  spread  of  fire  or  smoke  through  the  openings. 
In  buildings  of  nonfireproof  construction  fire  walls  shall  be  at 
least  twelve  inches  in  thickness  and  shall  extend  continuously 
from  the  cellar  floor  through  the  entire  building  and  at  least  three 
feet  over  the  roof  and  be  coped;  except  that  waUs  heretofore 
erected  not  less  than  eight  inches  in  thickness,  but  otherwise 
conforming  to  the  requirements  of  this  subdivision  shall  be 
considered  fire  walls  within  the  meaning  of  this  subdivision.  No 
opening  in  such  wall  shall  exceed  sixty-six  inches  in  width  or 
Bixty  square  feet  in  area,  except  that  where  openings  not  exceeding 


Appendix  I  —  Bills  Submitted  to  the  Legislature     193 

eight  feet  in  width  exist  in  fire  walls  heretofore  erected,  such 
walls  may  be  considered  fire  walls  within  the  meaning  of  this 
subdivision,  and  in  the  case  of  fire  walls  hereafter  constructed  no 
two  openings  in  the  same  wall  and  at  the  same  floor  level  shall  be 
nearer  than  forty  feet  from  the  center  of  one  opening  to  the  center 
of  another.  Every  opening  in  a  fire  wall  shall  be  protected  by  a 
fire  door  closing  automatically  on  each  side  of  the  wall.  At  every 
opening  in  the  fire  wall  there  shall  be  an  incombustible  floor  finish 
extending  over  the  floor  for  the  full  thickness  of  the  wall  so  as  to 
completely  separate  the  woodwork  of  the  floors  on  each  side  of  the 
fire  wall.  In  fireproof  buildings  the  fire  walls  shall  comply  with 
the  foregoing  requirements  in  all  respects  excepting  that  they 
may  be  of  the  thickness  required  by  the  provisions  of  this  section 
with  respect  to  fireproof  partitions;  such  fire  walls  and  fireproof 
partitions  shall  be  continuous,  from  the  cellar  floor  to  the  under 
side  of  the  fireproof  roof. 

5.  Fireproof  partitions  shall  be  built  of  brick,  concrete,  rein- 
forced concrete  or  terra-cotta  blocks.  When  built  of  brick  or 
concrete  they  shall  be  not  less  than  eight  inches  in  thickness  for 
the  uppermost  forty  feet,  and  shall  increase  four  inches  in  thick- 
ness for  each  additional  lower  forty  feet  or  part  thereof ;  or,  when 
wholly  supported  by  suitable  steel  framing  at  vertical  intervals 
of  not  over  forty  feet,  they  may  be  eight  inches  in  thickness 
throughout  their  entire  height.  When  wholly  supported  at  verti- 
cal intervals  of  not  over  twenty-five  feet,  and  built  of  terra-cotta 
blocks,  they  shall  be  not  less  than  six  inches  in  thickness  and  when 
so  supported  and  built  of  reinforced  stone  concrete,  they  shall  be 
not  less  than  four  inches  in  thickness.  The  supporting  steel  frame- 
work shall  be  properly  encased  on  all  sides  by  not  less  than  two 
inches  of  fireproof  material,  securely  fastened  to  the  steel  work. 
All  openings  in  such  partitions  shall  be  provided  with  fire  doors. 

6.  Fire  doors.  Fire  doors  shall  be  metal-covered  doors,  or  doors 
of  such  other  material  as  shall  be  specified  in  the  rules  and  regu- 
lations of  the  industrial  board.  They  shall  be  provided  with  self- 
closing  devices  and  have  incombustible  sills.  The  industrial  board 
shall  determine,  and  in  its  rules  and  regulations  shall  specify, 
the  material  and  mode  and  manner  of  construction  £ind  erection 
of  such  doors. 

7.  Fireproof  windows  shall  be  windows  constructed  of  metal 
frames  and  sash  or  frames  and  sash  covered  with  metal,  and  pro- 
vided with  wired  glass  and  of  the  automatic,  self-closing  type. 

Vol.  1  —  7 


194     Appendix  I  —  Bills  Submitted  to  the  Legislature 

8.  Exterior  enclosed  fireproof  stairways  shall  be  stairways  com- 
pletely enclosed  from  top  to  bottom  by  walls  of  fireproof  material 
not  less  than  eight  inches  thick  extending  from  the  sidewalk,  court 
or  yard  level  to  the  roof,  and  with  walls  extending  above  the  roof 
so  as  to  form  a  bulkhead.  The  stairway  shall  in  all  other  respects 
conform  to  the  requirements  of  this  article  in  regard  to  enclosed 
stairways.  There  shall  be  no  opening  in  any  wall  separating  the 
exterior  enclosed  fireproof  stairway  from  the  building.  Access 
shall  be  provided  to  the  stairway  from  every  floor  of  the  building 
by  means  of  an  outside  balcony  or  vestibule  of  steel,  iron  or 
masonry.  Every  such  balcony  or  vestibule  shall  have  an  unob- 
structed width  of  at  least  forty-four  inches  and  shall  be  provided 
with  a  fireproof  floor  and  a  railing  of  incombustible  material  not 
less  than  three  feet  high.  Access  to  such  balconies  from  the 
building  and  to  the  stairway  from  the  balconies,  shall  be  by  means 
of  fire  doors.  The  level  of  the  balcony  floor  shall  be  not  more 
than  seven  inches  below  the  level  of  the  door  sill  of  the  building. 
The  doors  shall  be  not  less  than  forty-four  inches  wide  and  shall 
swing  outward  onto  the  balcony  and  inward  from  the  balcony  to 
the  stairway,  and  shall  be  provided  with  locks  or  latches  with 
visible  fastenings  requiring  no  key  to  open  them  in  leaving  the 
building.  The  landings  in  such  stairway  shall  be  of  such  width 
that  the  doors  in  opening  into  the  stairway  shall  not  reduce  the 
free  passageway  of  the  landings  to  a  width  less  than  the  width  of 
the  stairs.  Every  such  stairway  shall  be  provided  with  a  proper 
lighting  system  which  shall  furnish  adequate  light  and  shall  be  so 
arranged  as  to  ensure  its  reliable  operation  when,  through  acci- 
dent or  other  cause,  the  regular  factory  lighting  is  extinguished. 
The  balconies  giving  access  to  such  stairways  shall  be  open  on  at 
least  one  side  upon  an  open  space  not  less  than  one  hundred  square 
feet  in  area. 

9.  Horizontal  exit.  A  horizontal  exit  shall  be  the  connection  by 
means  of  one  or  more  openings  not  less  than  forty-four  inches 
wide,  protected  by  fire  doors,  through  a  fire  wall  in  any  building, 
or  through  a  wall  or  walls  between  two  buildings,  which  doors  shall 
continuously  be  unlocked  and  the  opening  unobstructed  whenever 
any  person  is  employed  on  either  side  of  the  opening.  Exterior 
balconies  and  bridges  not  less  than  forty-four  inches  in  width  con- 
necting two  buildings  and  not  having  a  gradient  of  more  than  one 
foot  fall  in  six,  may  also  be  counted  as  horizontal  exits  when  the 
doors  opening  out  upon  said  balconies  or  bridges  are  fireproof 


Appendix  I  —  Bills  Submitted  to  the  Legislature     195 

doors  and  are  level  with  the  floors  of  the  building,  and  when  all 
doors  of  both  buildings  opening  on  such  balconies  or  bridges  are 
continuously  kept  unlocked  and  unobstructed  whenever  any  person 
is  employed  on  either  side  of  the  exit,  and  when  such  balconies 
or  bridges  are  built  of  incombustible  material  and  are  capable 
of  sustaining  a  live  load  of  not  less  than  ninety  pounds  per  square 
foot  with  a  factor  of  safety  of  four ;  and  when  such  balconies  or 
bridges  are  enclosed  on  all  sides  to  a  height  of  not  less  than  six 
feet  and  on  top  and  bottom  by  fireproof  material,  unless  all  win- 
dows or  openings  within  thirty  feet  of  such  balconies  in  the  con- 
nected buildings  shall  be  encased  in  metal  frames  and  sash  and 
shall  have  wired  glass  where  glass  is  used.  In  any  case  there  shall 
be  on  each  side  of  the  wall  or  partition  containing  the  horizontal 
exit  and  independent  of  said  horizontal  exit,  at  least  one  stairway 
conforming  to  the  requirements  for  a  required  means  of  exit. 

10.  Exterior  screened  stairw^ays  used  as  one  of  the  required 
means  of  exit  in  buildings  heretofore  erected  shall  be  built  of  in- 
combustible material.  The  risers  of  the  stairs  shall  be  not  more 
than  seven  and  three-quarters  inches  in  height  and  the  treads  not 
less  than  ten  inches  wide.  On  each  floor  there  shall  be  a  balcony 
connecting  with  the  stairs.  Access  to  the  balconies  shall  be  by 
means  of  fire  doors  that  shall  open  outwardly,  so  as  not  to  obstruct 
the  passageway,  or  slide  freely,  and  shall  extend  to  the  floor  level. 
All  windows  or  other  openings  opening  upon  the  course  of  such 
stairs  shall  be  fireproof.  The  level  of  the  balcony  floor  shall  not  be 
more  than  seven  inches  below  the  level  of  the  door  sill.  The  stairs 
shall  continue  from  the  roof  to  the  ground  level,  and  there  shall  be 
independent  means  of  exit  from  the  bottom  of  such  stairs  to  the 
street  or  to  an  open  court  or  to  a  fireproof  enclosed  passageway 
leading  to  the  street  or  to  an  open  area  having  communication  with 
the  street  or  road.  The  balconies  and  stairs  shall  be  enclosed  in 
a  screen  of  incombustible  material. 

11.  The  provisions  of  subdivisions  four  to  nine  inclusive  of  this 
section  shall  apply  to  all  buildings  hereafter  erected  and  to  all 
construction  hereafter  made  in  buildings  heretofore  erected.  The 
industrial  board  shall  adopt  rules  and  regulations  regulating  con- 
struction heretofore  made  in  buildings  heretofore  erected  requir- 
ing compliance  with  such  of  the  requirements  of  the  said  sub- 
divisions or  with  such  other  or  different  requirements  as  said 
board  may  find  to  be  reasonable  and  adequate  to  protect  persons 
employed  in  such  buildings  against  fire.] 


196     Appendix  I  —  Bills  Submitted  to  the  Legislatubb 

1.  The  term  "  incombustible  material,"  when  used  in  this  title, 
means  material  which  will  not  burn  or  support  combustion. 

2.  The  term  "  fireproof  material,"  when  used  in  this  title, 
means  incombustible  material  capable  of  resisting  the  effect  of  fire 
to  a  sufficient  extent  to  insure  the  safety  of  the  occupants  of  the 
building.  The  industrial  board  shall  determine  and  shall  s,pecify 
in  its  rules  what  materials  are  fireproof  materials  within  the  mean- 
ing hereof,  and  also  what  materials,  not  being  fireproof  materials 
within  the  meaning  hereof,  are  fire  resisting  materials. 

S.  The  term  "  fire  resisting  material,"  ivhen  used  in  this  title, 
means  material  conforming  to  such  latter  requirements. 

Note.— Revised  from  subs.  2  and  3  of  old  §  79-f.  Old  §  79-f,  sub.  1, 
covered  by  new  §  244.  Old  §  79-f,  sub.  4,  covered  by  nevF  §  245.  Old  §  79-f, 
sub.  5,  covered  by  new  §  243.  Old  §  79-f,  sub.  6,  covered  by  new  §  241.  Old 
§  79-f,  sub.  7,  covered  by  new  §  242,  Old  §  79-f,  sub.  8,  covered  by  new  §  246, 
Old  §  79-f,  sub,  9,  covered  by  new  §  247,  Old  §  79-f,  sub,  10,  covered  by  old 
§  248,    Old  §  79-f,  sub.  11,  all  except  first  sentence,  covered  by  new  §  27, 

§  SJ^1.  Fire  door.  The  term  "fire  door,"  when  used  in  this 
title,  means  a  door  constructed  entirely  of  metal  or  a  metal-cov- 
ered door  or  door  of  such  other  fire  resisting  material  as  shall  be 
specified  in  the  rules  of  the  industrial  board,  and  that  is  provided 
with  a  self-closing  device  and  has  an  incombustible  sill.  The 
industrial  board  shall  determine,  and  shall  specify  in  its  rules, 
the  material,  and  the  manner  of  construction  and  erection  of  such 
doors. 

Note,—  Taken  from  old  §  79-f,  sub,  6. 

§  2^2.  Fireproof  window.  The  term  "fireproof  window," 
when  used  in  this  title,  means  a  window  constructed  of  metal 
frame  and  sash  or  frame  and  sash-covered  with  metal  and  provided 
with  wired  glass.  Fireproof  windows  shall  be  stationary  or  auto- 
matic self-closing  as  may  be  required  by  the  rules  of  the  indus- 
trial board. 

Note.— Taken  from  old  §  79-f,  sub.  7. 

§  2J/.3.  Fireproof  partition.  The  term  "  fireproof  partition," 
when  used  in  this  title,  means  a  partition  built  of  brick,  concrete, 
reinforced  concrete  or  terra-cotta  blocks  and  in  conformity  with  the 
following  requirements.  When  built  of  brick  or  concrete  it  shall 
be  not  less  than  eight  inches  in  tliicktiess  for  the  uppermost  forty 
feet,  and  shall  increase  four  inches  in  thickness  for  each  addir 


Appendix  I  —  Bills  Submitted  to  the  Legislature     197 

tional  lower  forty  feet  or  part  thereof;  or  when  wholly  sup- 
ported hy  suitable  steel  framing  or  reinforced  stone  concrete 
construction  at  vertical  intervals  of  not  over  forty  feet,  it 
may  he  eight  inches  in  thickness  throughout  its  entire  height. 
When  wholly  supported  at  vertical  intervals  of  not  over  twenty- 
five  feet,  and  built  of  terrorcotta  blocks,  it  shall  be  not  less  than 
six  inches  in  thickness  and  when  so  supported  and  built  of  rein- 
forced stone  concrete,  it  shall  be  not  less  than  four  inches  in 
thickness  when  wholly  supported  at  vertical  intervals  of  not  over 
eighteen  feet,  and  built  of  reinforced  cinder  concrete  it  shall  bo 
not  less  than  four  inches  in  thickness.  The  supporting  steel 
framework  shall  be  properly  encased  on  all  sides  hy  not  less  than 
two  inches  of  fireproof  material,  securely  fastened  to  the  steel 
work.  All  openings  in  the  partition  shall  he  provided  with  fire 
doors. 

Note. —  Taken  from  old  §  79-f ,  sub.  5.     Words  in  second  sentence  of  new 
section  "  or  reinforced  stone  concrete  construction,"  new, 

§  2Jt.Jf..  Fireproof  building.  The  term  ''fireproof  building," 
when  used  in  this  title,  means  a  building  conforming  to  the  follow- 
ing requirements: 

1.  All  walls  shall  be  constructed  of  brick,  stone,  concrete  or 
t error cotta. 

2.  All  floors  and  roofs  shall  be  built  of  brick,  terra-cotta  or  reivr 
forced  concrete  placed  between  steel  or  reinforced  concrete  beams 
and  girders. 

3.  All  structural  steel  shall  be  encased  in  at  least  two  inches 
of  brick,  concrete  or  terra  cotta,  except  the  wall  columns,  which 
shall  be  encased  in  at  least  four  inches  of  masonry  on  the  outside 
and  four  inches  on  the  inside. 

Jk.  All  stairwells,  elevator  wells,  public  hallways  and  corridors 
shall  be  enclosed  by  fireproof  partitions. 

5.  All  doors  in  fireproof  or  fire  resisting  partitions  shall  he  fire 
doors. 

6.  All  stairways,  landings,  hallways,  furring,  ceilings,  sash, 
trim  and  permanent  partitions,  shall  be  constructed  of  inconir 
hustihle  material.  Wooden  floors  and  their  sleepers  may  be  u^ed, 
laid  in  accordance  with  the  specifications  of  the  industrial  board. 

7.  All  windows  above  the  ground  floor  shall  he  fireproof  win- 
dows. The  industrial  board  may  except  from  this  requirement 
windows  of  the  second  story  used  for  show  purposes. 


198     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

8.  Exceptions:  (a)  In  buildings  under  one  hundred  feet  in 
height  there  may  he  wooden  trim  and  fireproof  windows  shall  be 
required  only  when  within  thirty  feet  of  another  building  or  open- 
ing on  a  court  or  space  less  than  thirty  feet  wide,  (h)  In  build- 
ings erected  before  October  first,  nineteen  hundred  and  thirteen, 
under  one  hundred  and  fifty  feet  in  height  there  may  be  wooden 
trim,  and  fireproof  windows  sJiall  be  required  only  when  such 
windows  are  within  thirty  feet  of  another  building. 

Note. —  Taken  from  old  §  79-f,  sub.  1,  with  material  changes  in  substance. 

§  845.  Fire  wall.  The  term  "fire  wall,"  when  used  in  this 
title,  means  a  wall  conforming  to  the  following  requirements: 

1.  It  shall  be  constructed  of  bricJc,  concrete,  terrorcotta  blochs 
or  reinforced  stone  concrete. 

2.  It  may  have  at  each  floor  level  one  or  more  openings  each 
protected  by  fire  doors  closing  automatically  on  either  side  of  the 
wall  and  so  constructed  as  to  prevent  the  spread  of  fire  or  smoTce 
through  the  openings. 

S.  In  nonfireproof  buildings  su>ch  walls  shall  be  at  least  eight 
inches  thick  for  the  uppermost  forty  feet  and  shall  increase  at 
least  four  inches  in  thickness  for  each  additional  lower  forty  feet 
or  part  thereof  if  erected  after  October  first,  nineteen  hundred  and 
thirteen,  and  at  least  eight  inches  thick  if  erected  before  that  date. 
In  fireproof  buildings  such  wall  shall  be  of  the  thickness  required 
for  a  fireproof  partition  by  section  two  hundred  and  forty-three. 

Jf.  No  opening  in  such  a  wall  shall  exceed  eight  feet  in  width 
or  eighty  square  feet  in  area. 

5.  The  center  of  every  opening  in  such  a  wall  erected  after  Oc- 
tober first,  nineteen  hundred  and  thirteen,  shall  be  at  least  thirty 
feet  from  the  center  of  every  other  opening  therein  at  the  same 
floor  level. 

6.  At  every  opening  in  the  wall  there  shall  be  an  incombustible 
floor  finish  extending  over  the  floor  the  full  thickness  of  the  wall 
so  as  to  completely  separate  the  woodwork  of  the  floors  on  each  side 
of  the  wall. 

7.  In   a   nonfireproof    building    the   wall    shall    extend   from 

the  cellar  floor  to  at  least  three  feet  above  the  roof  and  be  coped. 

In  a  fireproof  building  it  shall  extend  from  the  cellar  floor  to  the 

under  side  of  the  fireproof  roof. 

Note. —  Taken  from  old  §  79-f,  sub.  4,  with  following  changes  in  substance: 
Subdivision  4,  new  section  openings  in  fire  walls  not  to  exceed  eight  feet  in 
width  or  eighty  square  foet  in  area  instead  of  sixty-six  inches  in  width  and 
sixty  square  feet  in  area,  in  old  law.  Subdivision  5,  new  section  openings  in 
fire  walls  to  be  at  least  thirty  feet  apart  instead  of  forty  feet,  as  in  old  law. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     199 

§  246.  Exterior  enclosed  fireproof  stairway.  The  term  "  ex- 
terior enclosed  fireproof  stairway,"  when  used  in  this  title,  means 
a  stairuMy  conforming  to  the  following  requirements : 

1.  It  shall  he  completely  enclosed  from  top  to  bottom  hy  walls 
of  fireproof  material  not  less  than  eight  inches  thick  extending 
from  the  sidewalk,  court  or  yard  level  to  the  roof,  and  above  the 
roof  so  as  to  form  a  bulkhead. 

2.  It  shall  in  all  other  respects  conform  to  the  requirements  of 
sections  two  hundred  and  fifty,  two  hundred  and  fifty-one  and 
two  hundred  and  fifty-two,  in  regard  to  stairways  and  their  en- 
closure. 

S.  There  shall  be  no  opening  in  any  wall  separating  it  from  the 
building  except  that  there  may  be  such  an  opening  at  the  street 
level,  leading  only  to  a  fireproof  passageway  having  direct  and 
uninterrupted  communication  with  the  street. 

Jf.  Access  shall  be  provided  to  the  stairway  from  every  floor  of 
the  building  by  means  of  an  outside  balcony  or  vestibule  of  steel, 
iron  or  masonry.  Every  such  balcony  or  vestibule  shall  have  an 
unobstructed  ividth  of  at  least  forty-four  inches  and  shall  be  pro- 
vided with  a  fireproof  floor  and  a  railing  of  incombustible  material 
not  less  than  three  feet  high.  Access  to  such  balconies  from  the 
building  and  to  the  stairway  from  the  balconies  shall  be  by  means 
of  fire  doors.  The  level  of  the  balcony  floor  shall  be  not  more 
than  seven  inches  beloiu  the  level  of  the  door  sill  of  the  building. 
The  doors  shall  be  not  less  than  forty  inches  wide  and  shall 
swing  outward  onto  the  balcony  and  inward  from  the  balcony  to 
the  stairway,  and  shall  be  provided  with  locks  or  latches  with 
visible  fastenings  requiring  no  key  to  open  them  in  leaving  the 
building.  The  balconies  shall  be  open  on  at  least  one  side  upon  an 
open  space  not  less  than  one  hundred  square  feet  in  area. 

5.  The  landings  shall  be  of  such  width  that  the  doors  in  open- 
ing into  the  stairway  shall  not  reduce  the  free  passageway  of  the 
landings  to  a  width  less  than  the  width  of  the  stairs. 

6.  Such  stairway  shall  be  provided  with  a  proper  lighting 
system  which  shall  furnish  adequate  light  and  shall  be  so  arranged 
as  to  ensure  its  reliable  operation  when  through  accident  or  other 
cause,  the  regular  factory  lighting  is  extinguished.  If  the  factory 
is  lighted  by  electricity  such  lighting  system  shall  be  on  a  separate 
circuit  from  the  regular  factory  lighting  system. 

Note. —  Taken  from  old  §  79-f,  sub.  8,  second  sentence  in  sub.  3  of  new  sec- 
tion is  new,  as  ia  also  the  second  sentence  of  sub.  6. 


200     Appendix  I  —  Bills  Submitted  to  the  Legislatube 

§  2Jlf7.  Horizontal  exit.  The  term  "  horizontal  exit/'  when 
ii-sed  in  this  title,  means  either  (a)  an  opening  through  a  firewall 
in  any  building  or  through  a  wall  or  walls  between  two  buildings, 
which  opening  conforms  to  the  requirements  of  subdivision  one,  or 
(b)  a  balcony  or  bridge  connecting  two  buildings  and  conforming 
to  the  requirements  of  sxibdivisions  two  to  six  inclusive. 

1.  It  shall  not  be  less  than  forty  inches  wide  and  shall  be 
protected  by  fire  doors.  Such  doors  shall  be  Tcept  unlocked  and  un- 
obstructed whenever  any  person  is  employed  on  either  side.  On 
each  side  of  the  opening  there  shall  be  at  least  one  stairway  conr 
forming  to  the  requirements  for  required  exits. 

2.  It  shall  not  be  less  than  forty-four  inches  wide  with  a  gradi- 
ent of  not  more  than  one  foot  fall  in  six. 

S.  The  doors  opening  upon  it  from  each  building  shall  be  fire 
doors  level  with  the  floors  of  the  respective  buildings.  Such  doors 
shall  be  Jcept  unlocked  and  unobstructed  whenever  any  person  is 
employed  on  either  side  of  the  balcony  or  bridge. 

4.  It  shall  be  built  of  incombustible  material  and  be  capable  of 
sustaining  a  live  load  of  not  less  than  ninety  pounds  per  square 
foot  with  a  factor  of  safety  of  four. 

5.  It  shall,  unless  all  windows  or  other  openings  within  thirty 
feet  of  it  in  the  connected  buildings  are  provided  with  fireproof 
windows  or  fire  doors,  be  enclosed  by  fireproof  material  on  the  top 
and  bottom  and  on  all  sides  to  a  height  of  not  less  than  six  feet. 

6.  On  each  side  of  it  there  shall  be  at  least  one  stairway  con- 
forming to  the  requirements  for  required  exits. 

Note. —  Taken  from  old  §  79-f,  sub.  9. 

§  2^8.  Exterior  screened  stairway.  The  term  "  exterior 
screened  stairway,"  when  used  in  this  title,  means  a  stairway  con- 
forming to  the  following  requirements: 

1.  It  shall  be  built  of  incombustible  material. 

2.  The  risers  of  the  stairs  shall  not  be  more  than  seven  and 
three-quarters  inches  in  height  and  the  treads  not  less  than  ten 
inches  wide. 

8.  On  each  floor  there  shall  be  a  balcony  connecting  with  the 
stairs. 

Jf..  Access  to  the  balconies  shall  be  by  means  of  fire  doors  which 
shall  extend  to  the  floor  level  and  which  shall  slide  freely  or  open 
outwardly  so  as  not  to  obstruct  the  passageway. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     201 

6.  All  windows  or  other  o,penings  opening  upon  the  course  of 
such  stairs  shall  be  fireproof. 

6.  The  level  of  the  balcony  floor  shall  not  be  more  than  seven 
inches  below  the  level  of  the  door  sill. 

7.  The  stairs  shall  continue  from  the  roof  to  the  ground  level, 
and  shall  lead  (a)  directly  to  a  street,  or  (b)  to  a  fireproof  en- 
closed passageway  independent  of  other  exit  from  the  building  or 
equal  in  width  to  the  aggregate  width  of  all  stairways  leading  to 
it,  and  leading  to  a  street  or  road,  or  (c)  to  an  o,pen  area  havi^ig 
communication  with  a  street  or  road. 

8.  The  balconies  and  stairs  shall  be  protected  on  the  sides  by  a 
wire  screen. 

9.  If  erected  after  July  first,  nineteen  hundred  and  fourteen, 
the  stairway  shall  be  not  less  than  three  feet  wide. 

Note. —  Taken  from  old  §  79-f,  sub.  10.  The  words  "  protected  on  the  sides 
by  a  wire  screen  "  in  sub.  8,  of  new  section,  substituted  for  "  enclosed  in  ii 
screen  of  noncombustible  material "  in  old  section. 

§  2Jf9.  Application  of  provisions.  The  provisions  of  sections 
two  hundred  and  forty-one,  two  hundred  and  forty-two,  two  hun- 
dred and  forty-three,  two  hundred  and  forty-five,  two  hundred 
all  buildings  erected  after  October  first,  nineteen  hundred  and 
and  forty-six  and  two  hundred  and  foi'ty-seven  shall  apply  to 
thirteen,  and  to  all  construction  made  after  that  date  in  buildings 
erected  prior  to  that  date.  The  industrial  board  shall  adopt  rules 
affecting  construction  made  before  October  first,  nineteen  hundred 
and  thirteen,  in  buildings  erected  before  that  date,  requiring  com- 
pliance with  such  of  the  requirements  of  said  sections,  or  with 
such  other  or  different  requirements  as  it  finds  reasonable  and 
adequate  to  protect  persons  employed  in  such  buildings. 

Note.— Taken  from  old  §  79-f,  sub.  11. 

§  ![T9-a]  250.  Construction  of  [factory]  buildings  [hereafter] 
erected  after  October  first,  nineteen  hundred  and  thirteen.  No 
factory  shall  be  conducted  in  any  building  [hereafter]  erected 
after  October  first,  nineteen  hundred  and  thirteen,  which  is  more 
than  one  story  in  height  unless  such  building  shall  conform  to  the 
following  requirements: 

1.  Fireproof  construction.  All  buildings  more  than  four  stories 
in  height  shall  be  [of]  fireproof  [constniction.    The]. 

2.  Mill  construction.  Buildings  not  more  than  six  stories  in 
height  and  provided  with  an  approved  automatic  sprinkler  system 


202     Appendix  I  —  Bills  Submitted  to  the  Legislatuke 

ma?/  he  of  mill  or  slow  burning  construction  huilt  according  to 
specifications  of  the  industrial  hoard. 

3.  Modifications.  The  industrial  hoard  may  permit  the 
erection  of  huildings  not  over  six  stories  in  height,  of  incom- 
hustihle  constrwction,  hwt  not  complying  with  the  requirements 
for  fireproof  huildings  where  in  the  opinion  of  the  hoard  there  is 
a  small  life  hazard. 

Jf.  JRoofs  and  walls.  All  roofs  of  [all]  huildings  over  one  story 
in  height  shall  be  covered  with  incombustible  material^  [or  shall  be 
of]  tar  and  slag^  [or]  plastic  cement  or  such  other  materials  as 
the  industrial  hoard  may  approve,  supported  and  laid  in  accord- 
ance with  specifications  adopted  hy  the  hoard,  [supported  by  or 
applied  to  arches  of  fireproof  material,  and  the  c]  Cornices  shall 
be  constructed  of  incombustible  material.  All  exterior  walls 
within  twenty-five  feet  of  any  nonfireproof  building  shall  be  huilt 
of  masonry  not  less  than  eight  inches  thick  and  shall  extend  three 
feet  above  the  roof. 

[2.  Floor  area  and  r]  5.  i^equired  exits.  The  term  "  floor 
area  "  as  used  in  this  section  [sigTiifies]  means  the  entire  space 
between  fire  walls,  or  between  a  fire  wall  and  an  exterior  wall  of 
a  building,  or  between  the  exterior  walls  of  the  building  where 
there  is  no  intervening  fire  wall.  From  every  floor  area  there 
shall  be  not  less  than  two  [means  of]  exits  remote  from  each 
other,  one  of  which  on  every  floor  above  the  ground  floor  shall 
be  an  interior  [enclosed  fireproof]  stairway  or  an  exterior  en- 
closed fireproof  stairway,  and  the  other  J[shall  be]  either  such  a 
stairway  or  a  horizontal  exit,  ^o  point  in  any  floor  area  shall 
be  more  than  one  hundred  feet  distant  from  the  entrance  to  one 
such  [means  of]  exit  at  that  floor.  Whenever  any  floor  area  ex- 
ceeds five  thousand  square  feet  there  shall  be  [provided]  at  least 
one  additional  j[means  of]  exit  as  hereinbefore  described  and 
there  shall  he  another  additional  exit  for  each  additional  five 
thousand  square  feet  or  part  thereof  [in  excess  of  five  thousand 
square  feet].  In  every  building  over  one  hundred  feet  in  height 
there  shall  be  at  least  one  exterior  enclosed  fireproof  stairway 
which  shall  be  accessible  from  any  point  in  the  building. 

[3]  6.  Stairways.  All  stairways  shall  be  constructed  of  incom- 
bustible material  and  shall  have  an  unobstructed  width  of  at  least 
forty-four  inches  throughout  their  length,  except  that  hand  rails 
may  project  not  more  than  three  and  one-half  inches  into  such 
width.     There  shall  be  not  more  than  twelve  feet  six  inches  in 


Appendix  I  —  Bills  Submitted  to  the  Legislature     203 

height  between  successive  landings.  The  treads  shall  be  not  less 
than  ten  inches  wide  exclusive  of  nosing,  and  the  rise  shall  be  not 
more  than  seven  and  three-fourths  inches.  No  stairway  with 
"winders"  shall  be  allowed  except  [as  a  connection  from  one 
floor  to  another]!  a  single  flight  connecting  only  two  floors.  The 
treads  shall  be  constructed  and  maintained  in  such  manner  as  to 
prevent  persons  from  slipping  thereon.  Every  stairway  shall  be 
enclosed  on  all  sides  by  fireproof  partitions  extending  continu- 
ously from  the  lowest  story  to  which  such  stairway  extends  to 
three  feet  above  the  roof  or  in  case  of  a  fireproof  building  to  the 
roof,  [and  t]The  roof  of  the  enclosure  shall  be  constructed  of 
fireproof  material  at  least  [four]  three  and  a  half  inches  thick 
with  a  skylight  at  least  three-fourths  the  area  of  the  shaft  unless 
adequate  outside  windows  are  provided.  All  stairways  serving 
as  required  [means  of]  exit  shall  extend  to  the  roof  and  shall 
lead  (a)  continuously  to  the  street,  or  (&)  to  a  fireproof  passage- 
way independent  of  other  [means  of]  exit  from  the  building, 
or  equal  in  width  to  the  aggregate  width  of  the  stairways  lead- 
ing to  it,  opening  on  a  road  or  street,  or  (c)  to  an  open  area 
affording  unobstructed  passage  to  a  road  or  street.  [All  stair- 
ways that  extend  to  the  top  story  shall  be  continued  to  the  roof.] 
Provision  shall  be  made  for  the  adequate  lighting  of  all  stairways 
by  artificial  light. 

[4]  7.  Doors  and  doorways.  All  doors  shall  open  outwardly. 
The  width  of  the  hallways  and  exit  doors  leading  to  the  street,  at 
the  street-level,  shall  be  not  less  than  the  aggregate  width  of  all 
required  stairways  leading  to  them.  Every  door  leading  to  or 
opening  on  a  stairway  shall  have  an  unobstructed  width  of  at 
least  forty  [-four]  inches. 

[5]  8.  Partitions.  All  permanent  partitions  in  the  interior 
of  fireproof  buildings  [of  fireproof  construction]  shall  be  of  in- 
combustible material. 

[6]  9.  [Openings  to  be  enclosed]  Shafts.  All  elevator  and 
dumbwaiter  shafts,  vent  and  light  shafts,  pipe  and  duct  shafts, 
hoistways  and  all  other  vertical  openings  leading  from  one  floor  to 
another  shall  be  enclosed  throughout  their  height  [on  all  sides] 
by  enclosures  of  fireproof  material.  Every  such  enclosure  shall 
have  a  roof  of  fireproof  material,  [and  i]/f  an  elevator  shaft, 
dumbwaiter  shaft  or  vent  and  light  shaft  [the  enclosure]  ex- 
tends to  the  top  story  [it]  the  enclosure  shall  be  continued  to 
three  feet  above  the  roof  of  the  building  or  to  the  roof  if  it  is 


204     Appendix  I  —  Bills  Submitted  to  the  Legislature 

fireproof  and  shall  have  at  the  top  either  a  metal-framed  sky- 
light [ill  a  metal  frame]  at  least  three-fonrths  of  the  area  of 
the  shaft  or  [exterior]  a  fireproof  window  [with  metal  frame 
and  sash]  or  with  properly  constructed  self-closing  metal  louvres. 
The  bottom  of  the  enclosure  shall  he  of  fireproof  material 
unless  the  [opening]  enclosure  extends  to  the  cellar  bottom. 
All  openings  in  such  enclosures  shall  be  provided  with  fire 
[-proof]  doors,  except  that  openings  in  the  enclosures  of  vent 
and  light  shafts  [shall]  may  be  provided  [either]  with  fire- 
[proof]  doors,  [or  with]  fireproof  windows  [having  metal 
frames  and  sash  and  wired  glass  where  glass  is  used]. 

§  [79-b]  251.  Requirements  for  [existing]  buildings  erected 
before  October  first,  nineteen  hundred  and  thirteen.  No  factory 
shall  be  conducted  in  any  building  [heretofore]  erected  before 
October  first,  nineteen  hundred  and  thirteen,  unless  such  building 
shall  conform  to  the  following  requirements: 

1.  Required  exits.  [Every  building  over  two  stories  in  height 
shall  be  provided  on  each  floor  with  at  least  two  means  of  exit  or 
escape  from  fire,]  From  every  floor  in  a  buildirig  over  two  stories 
in  height  there  shall  be  at  least  two  exits  remote  from  each  other 
[,  o]'.  One  of  [which]  them  on  every  floor  above  the  ground  floor 
shall  [lead  to  or  open  on]  be  either  an  interior  stairway,  which 
shall  be  enclosed  as  hereinafter  provided,  or  [to]  an  exterior  en- 
closed fireproof  stairway.  The  other  shall  [lead  to]  be  either 
such  a  stairway;  or  [to]  a  horizontal  exit;  or  [to]  an  exterior 
screened  stairway ;  or  [to]  fire  escapes  on  the  outside  of  the  build- 
ing in  buildings  of  five  stories  or  less  in  height  except  that  such 
fire  escapes  shall  not  be  accepted  as  a  required  [means  of]  exit 
in  such  buildings  or  particular  classes  thereof  where  the  indus- 
trial board  finds  that  such  fire  escapes  would  not  in  its  opinion 
furnish  adequate  and  safe  means  of  escape  for  the  occupants  in 
case  of  fire;  or  [to]  outside  fire  escapes  in  buildings  over  fivo 
stories  in  height  when,  in  the  opinion  of  the  industrial  board  tho 
safety  of  the  occupants  of  the  building  would  not  be  endangered 
thereby.  No  point  on  any  floor  [of  such  factory]  shall  be  moro 
than  one  hundred  feet  distant  from  the  entrance  to  one  such 
[means  of]  exit  at  that  floor.  Whenever  egress  may  be  had 
from  the  roof  to  an  [adjoining  or  nearby]  adjacent  structure, 
every  stairway  serving  as  a  required  [means  of]  exit  shall  bo 
extended  to  the  roof.  All  such  stairways  shall  extend  to  the 
first  story  and  lead  to  the  street  or  to  an  unobstructed  passage- 


Appendix  I  —  Bills  Submitted  to  the  Legislatuee     205 

way  leading  to  a  street  or  road  or  to  an  open  area  affording  safe 
passage  to  a  street  or  road. 

2.  Stairway  enclosures.  All  interior  stairways  serving  as  re- 
quired [means  of]  exits  in  buildings  more  than  five  stories 
in  height  and  the  landings,  platforms  and  passageways  con- 
nected therewith  shall  be  enclosed  on  all  sides  by  partitions  of 
fire  resisting  material  extending  continuously  to  the  roof  [from 
the  basement].  Where  the  stairway  extends  to  the  top  floor  of 
the  building  such  partitions  shall  extend  to  three  feet  above  the 
roof  or  to  the  roof  if  it  is  fireproof.  [All  openings  in  such 
partitions  shall  be  provided  with  self-closing  doors  constructed 
of  fire  resisting  material  except  where  such  openings  are 
in  the  exterior  wall  of  the  building.]  All  such  partitions  and 
tho  doors  provided  for  the  openings  therein  shall  be  constructed 
in  such  manner  as  the  industrial  board  may  prescribe  by  its  rules 
and  regulations.  The  industrial  board  shall  have  power  to  adopt 
rules  and  regulations  requiring  the  enclosure  of  stairways  serving 
as  required  exits  in  buildings  of  five  stories  or  less  in  height  or 
in  particular  classes  of  such  buildings  [wherever]  whenever  the 
board  finds  that  because  of  the  conditions  existing  in  such  build- 
ings such  requirement  is  necessary  to  secure  the  safety  of  the 
lives  of  the  occupants  thereof^  in  case  of  fire.  Whenever  in  the 
case  of  [any  existing]  buildings  erected  before  October  firsts 
nineteen  hundred  and  thirteen,  not  over  six  stories  in  height,  the 
industrial  board  [shall]  finds  that  the  requirements  of  this  [and 
the  last  preceding]  subdivision  [relating  to  stairway  enclosures] 
can  be  dispensed  with  or  modified  without  endangering  the  safety 
of  employees  [persons  employed  in  such  buildings,  the  industrial 
board  shall  have  power  to]  it  may  adopt  [such]  rules  [and 
regulations,  as  may,  in  its  opinion,  meet  the  conditions  existing 
in  such  buildings,  which  rules  and  regulations  may  make  said  re- 
quirements inapplicable  or]  modify  [the  same]tn^  the  require- 
ments of  this  subdivision  in  such  manner  as  it  [may]  finds  [to 
be]  adapted  to  securing  the  safety  of  employees,  [persons  em- 
ployed therein.]  The  industrial  board  [shall  have  power  to]  may 
adopt  rules  [and  regulations,]  permitting,  under  conditions  there- 
in prescribed,  as  a  substitute  for  the  stairway  enclosures  herein 
required  the  use  of  partitions  [heretofore]  constructed  before 
October  first,  nineteen  hundred  and  thirteen,  in  such  manner  and 
of  such  fire  resisting  material  as  [have  heretofore  been]  were 
approved  before  that  date  by  the  local  authorities  exercising  guper- 


206     Appendix  I  —  Bills  Submitted  to  the  Legislatubb 

vision  over  the  construction  and  alteration  of  buildings,  pn 
such  cases,  however,  eJEvery  opening  in  the  [enclosing]  partitions 
required  hy  this  subdivision  or  by  rules  adopted  thereunder  shall 
be  provided  with  fire  doors  except  where  such  openings  are  in  the 
exterior  wall  of  the  building  in  which  case  if  they  are  within  thirty 
feet  of  another  building  they  shall  be  provided  with  fireproof 
windows  or  fire  doors. 

3.  Width  of  stairways.  All  stairways  erected  after  July  first, 
nineteen  hundred  and  fourteen,  shall  be  not  less  than  three  feet 
wide. 

[3]^.  Doors.  Where  five  or  more  persons  are  employed  on  any 
floor  of  a  factory  building  over  one  story  in  height  [every]  all 
doors  on  such  floor  leading  to  or  opening  on  any  [means  of]  exit 
shall  open  outwardly  or  be  double  swinging  doors  or  be  so  con- 
structed as  to  slide  freely.  All  exit  doors  in  the  first  story,  in 
su^h  buildings,  including  the  doors  of  the  vestibule,  shall  open 
outwardly. 

[4.  Fire-escapes.  All  outside  fire-escapes  shall  be  constructed 
of  wrought  iron  or  steel  and  shall  be  so  designed,  constructed  and 
erected  as  to  safely  sustain  on  all  platforms,  balconies  and  stair- 
ways a  live  load  of  not  less  than  ninety  pounds  per  square  foot 
with  a  factor  of  safety  of  four.  Wherever  practicable,  a  continu- 
ous run  or  straight  run  stairway  shall  be  used.  On  every  floor 
above  the  first  there  shall  be  balconies  or  landings  embracing  one 
or  more  easily  accessible  and  unobstructed  openings  at  each  floor 
level,  connected  with  each  other  and  with  the  ground  by  means 
of  a  stairway  constructed  as  hereinafter  provided  and  well  fastened 
and  secured.  All  openings  leading  to  outside  fire-escapes  shall 
have  an  unobstructed  width  of  at  least  two  feet  and  an  unob- 
structed height  of  at  least  six  feet.  Such  openings  shall  extend 
to  the  floor  level  or  within  six  inches  thereof,  shall  be  not  more 
than  seven  inches  above  the  floor  of  the  fire-escape  balcony, 
shall  have  metal  frames  or  frames  covered  with  metal  and 
be  provided  with  doors  constructed  of  fireproof  material  and 
with  wired  glass  where  glass  is  used,  except  in  cases  where  fire- 
escapes  are  hereafter  erected  on  buildings  constructed  prior  to 
October  first,  nineteen  hundred  and  thirteen,  of  five  stories  or 
under  in  height,  in  which  cases  the  provisions  of  subdivision 
five  as  to  the  use  of  steps  to  connect  with  the  fire-escapes  and  as 
to  the  construction  of  openings  leading  to  fire-escapes  shall  apply. 
All  windows  opening  upon  the  course  of  the  fire-escape  shall  be 


Appendix  I  —  Bills  Submitted  to  the  Legislature     207 

fireproof  windows.  The  balconies  shall  have  an  unobstructed 
width  of  at  least  four  feet  throughout  their  length  and  shall  have  a 
landing  not  less  than  twenty-four  inches  square  at  the  head  of 
every  stairway.  There  shall  be  a  passageway  between  the  stair- 
way opening  and  the  side  of  the  building  at  least  eighteen  inches 
wide  throughout  except  where  the  stairways  reach  and  leave  the 
balconies  at  the  ends  or  where  double  run  stairways  are  used.  The 
stairway  opening  of  the  balconies  shall  be  of  a  size  sufficient  to 
provide  clear  headway  and  shall  be  guarded  on  the  long  side  by 
an  iron  railing  not  less  than  three  feet  in  height.  Each  balcony 
shall  be  surrounded  by  an  iron  railing  not  less  than  three  feet  in 
height,  thoroughly  and  properly  braced.  The  balconies  shall  be 
connected  by  stairways  not  less  than  twenty-two  inches  wide,  placed 
at  an  incline  of  not  more  than  forty-five  degrees,  with  steps  of  not 
less  than  eight-inch  tread  and  not  over  eight-inch  rise  and  provided 
with  a  handrail  not  less  than  three  feet  in  height.  The  treads  of 
such  stairways  shall  be  so  constructed  as  to  sustain  a  live  load 
of  four  hundred  pounds  per  step  with  a  factor  of  safety  of  four. 
There  shall  be  a  similar  stairway  from  the  top  floor  balcony  to  the 
roof,  except  where  the  fire-escape  is  erected  on  the  front  of  the 
building.  A  similar  stairway  shall  also  be  provided  from  the 
lowest  balcony  to  a  safe  landing  place  beneath,  which  stairway 
shall  remain  down  permanently  or  be  arranged  to  swing  up  and 
down  automatically  by  counterbalancing  weights.  When  not 
erected  on  the  front  of  the  building,  safe  and  unobstructed  egress 
shall  be  provided  from  the  foot  of  the  fire-escape  by  means  of  an 
open  court  or  courts  or  a  fireproof  passageway  having  an  unob- 
structed width  of  at  least  three  feet  throughout  leading  to  the 
street,  or  by  means  of  an  open  area  having  communication  with 
the  street;  such  fireproof  passageway  shall  be  adequately  lighted 
at  all  times  and  the  lights  shall  be  so  arranged  as  to  ensure  their 
reliable  operation  when  through  accident  or  other  cause  the  regu- 
lar factory  lighting  is  extinguished. 

6.  The  provisions  of  subdivision  four  shall  not  apply  where  at 
the  time  this  act  takes  effect  there  are  outside  fire-escapes  with 
balconies  on  each  floor  of  the  building  connected  with  stairways 
placed  at  an  angle  of  not  more  than  sixty  degrees,  provided  that 
such  existing  outside  fire-escapes  have  or  shall  be  provided  with 
the  following: 

A  stairway  leading  from  the  top  floor  balcony  to  the  roof, 
except  where  the  fire-escapes  are  erected  on  the  front  of  the  build- 


208     Appendix  I  —  Bills  Submitted  to  the  Legislature 

ing;  a  stairway  not  less  than  twenty-two  inches  wide  from  the 
lowest  balcony  to  a  safe  landing  place  beneath,  which  stairway  re- 
mains down  permanently  or  is  arranged  to  swing  up  and  down  by 
counter-balancing  weights;  a  safe  and  unobstructed  exit  to  the 
street  from  the  foot  of  such  fire-escapes  as  provided  in  subdivision 
four  hereof;  steps  connecting  the  sill  of  every  opening  leading  to 
the  fire-escapes  with  the  floor  wherever  such  sill  is  more  than  three 
feet  above  the  floor  level;  and  all  openings  leading  to  the  fire 
escapes  provided  with  windows  having  metal  frames  and  sash  or 
frames  and  sash  covered  with  metal  and  with  wired  glass  where 
glass  is  used,  or  with  doors  constructed  in  accordance  with  the 
requirements  of  subdivision  four ;  and  all  windows  opening  upon 
the  course  of  the  fire-escape  provided  with  fireproof  windows.] 

Note. —  This  section  covers  subs.  1,  2  and  3  of  old  §  79-f,  with  changes  in- 
dictated  in  the  text.  Old  §  79-f,  sub.  4,  is  covered  by  new  §  253.  Section79-i, 
sub.  5,  is  covered  by  new  §  254. 

§  [79-c]  252.  Additional  requirements  common  to  all  build- 
ings [heretofore  and  hereafter  erected].  No  factory  shall  be  con- 
ducted in  any  building  unless  such  building  shall  be  so  con- 
structed, equipped  and  maintained  in  all  respects  as  to  afford  ade- 
quate protection  against  fire  to  all  persons  employed  therein,  nor 
two  hundred  and  fifty,  in  the  case  of  a  building  [hereafter] 
unless,  in  addition  to  the  requirements  of  section  [seventy-nine-a] 
erected  after  October  first,  nineteen  hundred  and  thirteen,  or  of 
section  [seventy-nine-b]  two  hundred  and  fifty-one,  in  the  case 
of  a  building  [heretofore]  erected  before  that  date,  such  building 
shall  conform  to  the  following  requirements: 

1.  Access  to  exits.  Safe  and  continuous  passageways  with  an 
unobstructed  width  of  at  least  three  feet  throughout  their  length 
and  leading  directly  to  every  exit  including  fire-escapes  and  pas- 
senger elevators,  shall  be  maintained  at  all  times  on  every  floor  of 
the  building.  Every  exit  shall  be  maintained  in  an  unobstructed 
condition. 

[1]^.  Stairways.  Stairways  shall  be  provided  with  proper 
[and  substantial]  hand-rails.  Where  the  stairway  is  enclosed 
by  fireproof  partitions  the  bottom  of  the  enclosure  shall  be  of  fire- 
proof material  at  least  four  inches  thick  unless  the  fireproof  parti- 
tions extend  to  the  cellar  bottom.  [All  stairways  that  extend  to 
the  top  story  shall  be  continued  to  the  roof.] 

[2]-5.  Doors  and  windows.  No  door  leading  out  of  any  factory 
or  constituting  an  entrance  to  the  factory  building  shall  be  locked. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     209 

bolted  or  fastened  during  working  hours.  No  door,  window  or 
other  opening  on  any  floor  of  a  factory  building  shall  be  obstructed 
by  stationary  metal  bars,  grating  or  wire  mesh.  Metal  bars, 
grating  or  wire  mesh  provided  for  any  such  door,  window  or  other 
opening  shall  be  so  constructed  as  to  be  readily  movable  or  remov- 
able [from  both  sides]  in  such  manner  as  to  afford  the  free  and 
unobstructed  use  of  such  door,  window  or  other  opening  as  a  means 
of  egress  in  case  of  need  [and  they].  Such  obstructions  shall  be 
left  unlocked  during  working  hours. 

J/-.  Every  door  opening  on  a  stairway  or  other  [means  of]  exit 
shall  so  open  as  not  to  obstruct  the  passageway. 

5.  A  clearly  painted  sign  marked  "  exit  "  in  letters  not  less  than 
eight  inches  in  height  shall  be  placed  over  all  [exits]  ope7iings 
leading  to  stairways  and  other  [means  of  egress]  exits,  and  in 
addition  a  red  light  shall  be  placed  over  all  such  [exits]  openings 
for  use  in  time  of  darkness. 

[8.  Access  to  exits.  There  shall  at  all  times  be  maintained  con- 
tiiiuous,  safe,  unobstructed  passageways  on  each  floor  of  the  build- 
ing, with  an  unobstructed  width  of  at  least  three  feet  throughout 
their  length  leading  directly  to  every  means  of  egress,  including 
outside  fire-escapes  and  passenger  elevators.  All  means  of  egress 
shall  be  maintained  in  an  unobstructed  condition.  No  door  lead- 
ing into  or  out  of  any  factory  or  any  floor  there  jf  shall  be  locked, 
bolted  or  fastened  during  working  hours.] 

4.  Regulation  by  industrial  board.  The  industrial  board  [shall 
have  power  to]  may  adopt  rules  [and  regulations]  and  establish 
requirements  and  standards  for  construction,  equipment  and 
maintenance  of  factory  buildings  or  of  particular  classes  of  fac- 
tory buildings  and  the  means  and  adequacy  of  exit  therefrom  in 
order  to  carry  out  the  purposes  of  this  chapter  in  addition  to 
the  requirements  of  this  section  and  of  sections  [seventy-nine-a 
and  seventy-nine-b,  and  not  inconsistent  therewith.]  two  l^undred 
and  fifty,  two  hundred  and  fifty-one,  and  two  hundred  and  fifty- 
two. 

Note. —  Rewritten  from  old  §  79-c,  with  subdivisions  rearranged;  changes 
indicated. 

g  253.  Fire-escapes  erected  after  October  first,  nirieteen  hun- 
dred and  thirteen.  All  outside  fire-escapes  erected  after  Oc' 
tober  first,  nineteen  hundred  and  thirteen,  whether  serving  as  re- 
quired exits  or  otherwise  shall  conform  to  the  following  require- 
ments: 


210     Appendix  I  —  Bills  Submitted  to  the  Legislatube 

1.  They  shall  he  built  of  wrought  iron  or  steel  and  shall  he  so 
constructed  and  erected  as  to  safely  sustain  on  all  platforms, 
balconies  and  stairways  a  live  load  of  not  less  than  ninety  pounds 
per  square  foot  with  a  factor  of  safety  of  four. 

2.  Whenever  practicable  a  continuous  run  or  straight  run  stair- 
way shall  be  built. 

S.  All  openings  leading  thereto  shall  have  an  unobstructed 
width  of  at  least  two  feet  and  an  unobstructed  height  of  at  least 
six  feet.  Su£h  openings  shall  extend  to  the  floor  level  or  within 
six  inches  thereof,  shall  be  not  more  than  seven  inches  above  the 
floor  of  the  fire-escape  balcony  and  shall  be  provided  with  fire 
doors,  except  in  buildings  five  stories  or  under  in  height  erected 
prior  to  October  first,  nineteen  hundred  and  thirteen,  in  which 
case  the  provisions  of  subdivisions  five  and  six  of  section  two  hun- 
dred and  fifty-four  with  reference  to  sills  leading  to  fire-escapes 
and  openings  leading  to  fire-escapes  shall  apply. 

Jf.  All  windows  above  the  ground  floor  opening  upon  the  course 
of  the  fire-escape  shall  be  fireproof  windows. 

5.  On  every  fioor  above  the  first  there  shall  be  a  balcony 
firmly  fastened  to  the  building  and  embracing  one  or  more 
easily  accessible  and  unobstructed  openings.  The  balconies  shall 
have  a  width  of  at  least  four  feet  throughout  their  length 
and  shall  have  a  landing  not  less  than  twenty-four  inches  square  at 
the  head  of  every  stairway.  There  shall  be  a  passageway  between 
the  stairway  opening  and  the  side  of  the  building  at  least  eighteen 
inches  wide  throughout  except  where  the  stairways  reach  and 
leave  the  balconies  at  the  ends  or  where  double  run  stairways  are 
used.  The  stairway  opening  of  the  balconies  shall  be  of  a  size 
sufficient  to  provide  clear  headway  and  shall  be  guarded  on  the 
long  side  by  an  iron  railing  not  less  than  three  feet  in  height. 
Each  balcony  shall  be  surrounded  by  an  iron  railing  not  less  than 
three  feet  in  height  properly  braced. 

6.  The  balconies  shall  be  connected  by  stairways  not  less  than 
twenty-two  inches  wide  placed  at  an  incline  of  not  more  than 
forty-five  degrees,  with  steps  of  not  less  than  eight-inch  tread  and 
not  over  eight-inch  rise  and  provided  with  a  handrail  not  less  than 
three  feet  above  the  treads.  The  treads  of  such  stairways  shall 
be  so  constructed  as  to  sustain  a  live  load  of  four  hundred  pounds 
per  step  with  a  factor  of  safety  of  four. 

7.  There  shall  be  a  similar  stairway  from  the  top  floor  balcony 
to  the  roof,  except  where  the  fire-escape  is  erected  on  the  front 
of  the  building. 


Appendix  I  —  Bills  Submitted  to  the  Legislatubb     211 

8.  A  similar  stairway  shall  also  he  provided  from  the  lowest 
balcony  to  a  safe  landing  place  beneath,  which  stairway  shall 
remain  down  permanently  or  be  arranged  to  swing  up  and  down 
automatically  by  counterbalancing  weights. 

9.  When  not  erected  on  the  front  of  the  building,  safe  and  un- 
obstructed egress  shall  be  provided  from  the  foot  of  the  fire-escape 
by  mean^s  of  an  open  court  or  courts  or  a  fireproof  passageway 
having  an  unobstructed  width  of  at  least  three  feet  throughout 
leading  to  the  street,  or  by  means  of  an  open  area  having  com- 
munication with  the  street.  Such  fireproof  passageway  shall 
be  adequately  lighted  at  all  times  and  the  lights  shall  be  so 
arranged  as  to  insure  their  reliable  operation  when  through  acci- 
dent or  other  cause  the  regular  factory  lighting  is  extinguished. 
If  the  factory  is  lighted  by  electricity  such  lights  shall  be  on  a 
separate  circuit  from  the  regular  factory  lighting  system. 

Note. —  Taken  from  old  §  79-b,  sub.  4.  Words  "  above  the  ground  floor  "  in 
sub.  4  of  new  section  are  new  as  is  last  sentence  of  sub.  9. 

§  25Ji.  Fire-escapes  erected  before  October  first,  nineteen  hun- 
dred and  thirteen.  The  industrial  board  may  in  its  discretion 
adopt  requirements  as  to  outside  fire-escapes  erected  before  Oc- 
tober first,  nineteen  hundred  and  thirteen,  and  not  serving  as  re- 
quired exits. 

All  outside  fire-escapes  erected  before  October  first,  nineteen 
hundred  and  thirteen,  and  serving  as  required  exits  under  the 
provisions  of  section  two  hundred  and  fifty-one  shall  conform  to 
the  following  requirements: 

1.  There  shall  be  balconies  on  each  floor  of  the  building  con- 
nected with  stairways  placed  at  an  incline  of  not  more  than  sixty 
degrees. 

2.  A  stairway  shall  lead  from  the  top  floor  balcony  to  the  roof, 
except  when  the  fire-escapes  are  erected  on  the  front  of  the 
building. 

S.  A  stairway  not  less  than  twenty-two  inches  wide  shall  lead 
from  the  lowest  balcony  to  a  safe  landing  place  beneath,  which 
stairway  shall  remain  down  permanently  or  swing  up  and  down 
by  counterbalancing  weights. 

Jf..  A  safe  and  unobstructed  exit  shall  be  provided  to  the  street 
from  the  foot  of  such  fire-escapes  as  required  in  subdivision  nine 
of  section  two  hundred  and  fifty-three. 

5.  Steps  shall  connect  the  sill  of  every  opening  leading  to  the 
fire-escapes  with  the  floor  wherever  such  sill  is  more  than  three 
feet  above  the  floor  level. 


212     Appendix  I  —  Bills  Submitted  to  the  LEGiSLATiritE 

6.  All  openings  leading  to  the  fire-escapes  shall  he  provided  with 
fii'ejjroof  windows  or  fire  doors. 

7.  All  windows  above  the  ground  floor  opening  upon  the  course 
of  the  fire-escape,  shall  be  fireproof  windows. 

8.  The  balconies  and  stairway  openings  shall  he  properly 
guarded  by  iron  railings. 

Note. —  Taken  from  old    §  79-b,  sub.  5. 

§  255.  Special  laws  arid  local  ordinances.  The  requirements 
of  sections  two  hundred  and  fifty  to  two  hundred  and  fifty-four 
inclusive,  are  not  in  substitution  for  the  requirements  of  any 
general  or  special  law  or  local  ordinance  relating  to  the  construc- 
tion, equipment  or  maintenance  of  buildings,  but  the  provisions 
of  such  general  and  special  laws  and  local  ordinances  shall  be 
observed  as  well  as  the  provisions  of  said  sections.  The  provisions 
of  sections  two  hundred  and  fifty  to  two  hundred  and  fifty- 
four  inclusive  shall  supersede  all  provisions  inconsistent  there- 
with in  any  special  law  or  local  ordinance,  and  any  provision  of 
law  or  ordinance  which  gives  power  to  any  officer  to  establish  re- 
quirements inconsistent  with  the  provisions  of  svA:h  sections  or 
the  rules  adopted  by  the  industrial  board  under  the  provisions 
of  this  chapter. 

Note.— Taken  from  §  79-d,  sub.  1. 

§  [79-d.]  256.  [Effect  of  foregoing  provisions;  i]/nspection 
of  buildings  and  approval  of  plans.  [1.  Effect  of  foregoing  pro- 
visions. The  requirements  of  sections  seventy-nine-a,  seventy- 
nine-b  and  seventy-nine-c  are  not  in  substitution  for  the  require- 
ments of  any  general  or  special  law  or  local  ordinance  relating  to 
the  construction,  equipment  or  maintenance  of  buildings,  but  the 
provisions  of  such  general  and  special  laws  and  local  ordinances 
shall  be  observed  as  well  as  the  provisions  of  said  sections.  The 
provisions  of  sections  soventy-nine-a,  seventy-nine-b  and  seventy- 
nine-c  shall  supersede  all  provisions  inconsistent  therewith  in  any 
special  law  or  local  ordinance,  and  any  provision  of  law  or  ordi- 
nance which  gives  power  to  any  officer  to  establish  requirements 
inconsistent  with  the  provisions  of  such  sections  or  the  rules  and 
regulations  adopted  by  the  industrial  board  under  the  provisions 
of  this  article.] 

[2]i.  Inspection  of  buildings.  The  officer  of  any  city,  village  or 
town  having  power  to  inspect  buildings  therein  for  the  purpose  of 


Appendix  I  —  Bills  Submitted  to  the  Leqislatuee     213 

determining  their  coiiformitj  to  the  requirements  of  law  or  ordi- 
nance governing  the  construction  thereof,  shall,  whenever  re- 
quested bj  the  commissioner  [of  labor],  inspect  any  factory 
building  therein  and  certify  to  the  commissioner  [of  labor]  in  de- 
tail whether  or  not  such  building  conforms  to  the  requirements  of 
this  chapter  and  the  rules  [and  regulations]  of  the  industrial 
board,  and  such  certificate  shall  be  filed  in  the  office  of  the  com- 
missioner [of  labor]  and  shall  be  presumptive  evidence  of  the 
truth  of  the  matters  therein  stated. 

[3]^.  Approval  of  plans.  Before  construction  or  alteration  of 
a  building  in  which  it  is  intended  to  conduct  one  or  more  factories, 
the  plans  and  specifications  for  such  construction  or  alteration  may 
be  submitted  to  the  commissioner  [of  labor]  and  filed  in  his  office 
in  such  form  and  with  such  information  as  may  bo  required  by 
him  or  by  the  rules  [and  regulations]  of  the  industrial  board,  and 
if  such  plans  and  specifications  comply  with  the  requirements  of 
this  chapter  and  the  rules  [and  regulations]  of  the  industrial 
board,  he  shall  issue  his  certificate  approving  the  same,  which  cer- 
tificate shall  bear  the  date  when  issued.  Whenever  any  certificate 
shall  be  issued  by  the  commissioner  [of  labor]  under  this  section 
the  particulars  of  such  certificate  shall  be  recorded  and  indexed  in 
the  records  of  his  office.  Before  issuing  any  such  certificate  the 
commissioner  [of  labor]  may  request  the  officer  of  the  city,  vil- 
lage or  town  in  which  such  building  is  located  having  power  to 
examine  and  pass  upon  plans  for  construction  of  buildings  with 
Teference  to  their  conformity  to  the  requirements  of  law  or  ordi- 
nance go-verning  the  construction  thereof,  to  examine  such  plans 
and  specifications  and  to  certify  to  the  commissioner  [of  labor] 
whether  or  not  such  plans  and  specifications  conform  to  the  re- 
quirements of  this  chapter  and  the  rules  [and  regulations]  of  the 
industrial  board[,  and  s].  iS^uch  officer  shall  thereupon  maie  such 
examination  and  so  certify  in  detail  to  the  commissioner  [of  labor 
and  s].  Such  certificate  shall  be  filed  in  the  office  of  the  com- 
missioner [of  labor]  and  shall  be  presumptive  evidence  of  the 
truth  of  the  matters  therein  stated. 

[4]-?.  Certificate  of  compliance.  After  such  construction  oi 
alteration  shall  be  completed,  the  commissioner  [of  labor]  shall, 
when  requested  by  the  owner  or  person  filing  such  plans,  ascertain 
by  inspection  or  in  the  manner  provided  in  subdivision  [two]'  one 
of  this  section,  whether  such  building  conforms  to  the  requirements 
of  this  chapter  and  the  rules  [and  regulations]  of  the  industrial 


214     Appendix  I  —  Bills  Submitted  to  the  Legislature 

board;  and  if  he  finds  that  it  does  conform  thereto,  shall  issue  his 
certificate  to  that  effect[,  which].  Such  c&rtificaie  shall  bear  the 
date  when  issued. 

Note.— Old  §  79-d,  sub.  1,  is  made  new  §  255. 

§  [79-e.]  257.  Limitation  of  number  of  occupants.  The  num- 
ber of  persons  [who  may  occupy  any  factory  building  or  portion 
thereof  above  the  ground  floor  shall  be  limited  to  such  a  number 
as  can  safely  escape  from  such  building  by  the  means  of  exit  pro- 
vided in  the  building. 

1.  In  buildings  hereafter  erected  no  more  than  fourteen  per- 
sons shall  be  employed  or  permitted  or  suffered  to  work  on  any 
one  floor  for  every  full  twenty-two  inches  in  width  of  stairway  con- 
forming to  the  requirements  for  a  required  means  of  exit  except 
as  to  extension  to  the  roof,  provided  for  such  floor.  !N"o  allow- 
ance shall  be  made  for  any  excess  in  width  of  less  than  twenty- 
two  inches.]  employed  in  a  factory  building  on  any  floor  ahove 
or  below  the  ground  floor  shall  not  exceed  the  following: 

1.  In  any  building  erected  after  October  first,  nineteen  hundred 
and  thirteen,  fourteen  persons  for  every  twenty-two  inches  in  width 
of  stairway  provided  for  such  floor  and  conforming  to  the  require- 
ments for  required  exits,  except  as  to  extension  to  the  roof.  No 
allowance  shall  be  made  for  any  excess  in  width  of  less  than 
twenty-two  inches. 

2.  In  any  building[s  heretofore]  erected  [no  more  than]  be- 
fore October  first,  nineteen  hundred  and  thirteen,  fourteen  per- 
sons, [shall  be  employed  or  permitted  or  suffered  to  work  on  any 
one  floor]  for  every  eighteen  inches  in  width  of  stairway  provided 
for  such  floor  and  conforming  to  the  requirements  for  [a]  re- 
quired [means  of]  exits  except  as  to  extension  to  the  roof  [,  and 
f].  i^or  any  excess  in  width  of  less  than  eighteen  inches, 
a  proportionate  increase  in  the  number  of  occupants  shall  be 
allowed.  If  any  stairway  has  ivinders  a  deduction  of  ten  per 
centum  shall  be  made  in  counting  the  capacity  of  such  stairway. 
Where  the  industrial  board  [shall]  finds  that  the  safety  of  the 
occupants  of  any  such  building  will  not  be  endangered  thereby,  it 
may  allow  an  increase  in  the  number  of  occupants  of  any  floor  in 
such  building  to  a  number  not  greater  than  at  the  rate  of  twenty 
persons  for  every  eighteen  inches  in  width  of  such  stairway  pro- 
vided for  such  floor,  with  a  proportionate  increase  in  the  number 
of  occupants  for  any  excess  in  width  of  less  than  eighteen  inches. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     2l5 

3.  [In  any  building  for  every  additional  sixteen  inches  over 
ten  feet  in  height  between  two  floors,  one  additional  person  may 
be  employed  on  the  upper  of  such  floors  for  every  eighteen  inches 
in  width  of  stairw^ay  leading  therefrom  to  the  lower  of  such  floors 
in  buildings  heretofore  erected,  and  one  for  every  twenty-two 
inches  in  width  of  such  stairway  in  buildings  hereafter  erected, 
provided  that  such  stairways  conform  to  the  requirements  for  re- 
quired means  of  exit  except  as  to  extension  to  the  roof. 

4.  In  any  building,  if  any  stain\'ay  has  steps  of  the  type  known 
as  "  winders,"  a  deduction  of  ten  per  centum  shall  be  made  in 
counting  the  capacity  of  such  stairway.]  On  any  floor  which  is 
more  than  ten  feet  from  the  one  immediately  beneath,  the  7iumbcr 
"  fourteen  "  allowed  in  subdivisions  one  and  two  may  be  increased 
by  one  person  for  every  sixteen  inches  over  ten  feet  between  the 
two  floors. 

^.  The  number  of  persons  employed  on  any  floor  under  sub- 
divisions one,  two  and  three  may  be  increased  fifty  per  centum 
where  there  is  maintained  throughout  the  building  an  automatic 
sprinhler  system  conforming  to  the  requirements  of  section  two 
hundred  and  sixty  and  to  the  rules  of  the  industrial  board. 

5.  'pn  any  building  where  the  stairways  and  stairhalls  are  en- 
closed in  fireproof  partitions  or  where,  at  the  time  this  act  takoa 
effect,  the  stairways  and  stairhalls  are  enclosed  in  partitions  of 
brick,  concrete,  terra-cotta  blocks  or  reinforced  concrete  con- 
structed in  a  manner  heretofore  approved  by  the  superintendent 
of  buildings  of  the  city  of  New  York  having  jurisdiction  if  in 
such  city,  or  elsewhere  in  the  state,  in  a  manner  conforming  to 
the  rules  and  regulations  to  be  adopted  by  the  industrial  board 
under  the  provisions  of  subdivision  two  of  section  seventy-nine-b, 
all  openings  in  which  enclosing  partitions  are  or  shall  hereafter  bo 
provided  with  fireproof  doors,  in  either  of  such  cases  so  many  addi- 
tional persons  may  be  employed  on  any  floor  as  can  occupy  the 
enclosed  stairhall  or  halls  on  that  floor,  allowing  five  square  feet 
of  unobstructed  floor  space  per  person.]  In  any  building  where 
the  stairways  and  stairhalls  are  enclosed  by  partitions  as  required 
by  sections  two  hundred  and  fifty  and  two  hundred  and  fifty-one, 
so  many  persons  may  be  employed  on  any  floor  in  addition  to  the 
number  allowed  in  subdivisions  one,  two  and  three,  as  can  occupy 
the  enclosed  stairhalls  on  that  floor,  allowing  five  square  feet  of 
unobstructed  floor  space  per  person. 

If  the  partitions  have  been  constructed  before  October  first, 
nineteen  hundred  and  thirteen,  they  shall  be  built  of  brick,  con- 


216     Appendix  I  —  Bills  Submitted  to  the  Legislature 

Crete,  terra-cotta  blocks  or  reinforced  concrete  and  all  openings 
therein  provided  with  fire  doors. 

If  in  the  city  of  New  York  such  partitions  shall  have  been  con- 
structed in  a  manner  approved  before  October  first,  nineteen  hun- 
dred and  thirteen,  by  the  superintendent  of  buildings  having  juris- 
diction; if  elsewhere,  in  a  manner  conforming  to  rules  adopted  by 
the  industrial  board  under  subdivision  two  of  section  two  hundred 
and  fifty-one. 

6.  [In  any  building  where]  On  any  floor  at  which  a  horizontal 
exit  is  provided  [on  any  floor  such  number  of]  so  many  persons 
may  be  employed  [on  such  floor]  as  can  occupy  the  smaller  of 
the  [two]  spaces  [on  such  floor]  on  either  side  of  the  [fireproof 
partitions  or]  fire  wall[s],  or  as  can  occupy  the  floor  of  an  [ad- 
joining or  near-by]  adjacent  building  which  is  connected  with 
such  floor  by  openings  in  the  wall  or  walls  between  the  buildings 
or  by  exterior  balconies  or  bridges,  in  addition  to  the  occupants  of 
such  connected  floor  in  such  [adjoining  or  near-by]  adjacent 
building,  allowing  five  square  feet  of  unobstructed  floor  space  per 
person  in  either  case.  '[,  provided  that  the  partitions  or  walls  or 
balconies  through  which  the  horizontal  exit  is  provided  to  such 
other  portion  of  the  same  building  or  to  such  adjoining  or  near-by 
building  shall  have  doorways  of  sufficient]  The  openings  con- 
stituting  such  exits,  or  if  such  exits  are  balconies  or  bridges  the 
openings  leading  thereto,  shall  be  of  sufficient  aggregate  width 
to  allow  eighteen  inches  in  width  of  openings  for  each  fifty  per- 
sons or  fraction  thereof  [so  permitted  to  be]  employed  on  such 
floor  in  the  case  of  horizontal  exits  [heretofore]  constructed  before 
October  first,  nineteen  hundred  and  thirteen,  and  twenty-two 
inches  in  the  case  of  horizontal  exits  [hereafter]  constructed  after 
that  date. 

7.  In  any  fireproof  building  [heretofore]  erected  before  October 
first,  nineteen  hundred  and  thirteen,  [of  fireproof  construction,] 
where  any  floor  is  subdivided  by  a  partition[s  of  brick,  terra 
cotta  or  concrete  and  not  less  than  four  inches  thick  extending  con- 
tinuously from  the  fireproofing  of  the  floor  to  the  underside  of  the 
fireproofing  of  the  floor  above,  with  all  openings  protected  by  fire- 
proof doors  not  less  than  forty-four  inches  nor  more  than  sixty-six 
inches  in  width,  and  in  which]  conforming  to  the  requirements  of 
this  subdivision  and  all  the  windows  on  such  floor  and  on  the  two 
floors  [directly  underneath]  immediately  beneath  are  fireproof 
[windows,  such  number  of]  so  many  persons  may  be  employed 


Appendix  I  —  Bills  Submitted  to  the  Legislatuee     217 

on  such  floor  as  can  occupy  the  smaller  of  the  [two]  spaces  on 
either  side  of  such  partition[s],  allowing  fi^ve  square  feet  of  un- 
obstructed floor  space  per  person.  [,  provided  there  shall  be  on  each 
side  of  said  partitions  at  least  one  stairway  conforming  to  the 
requirements  for  a  required  means  of  exit;  and  provided  further 
that  such  partitions  have  doorways  of  suflicient  width  to  allow 
eighteen  inches  in  width  of  openings  for  each  fifty  persons  or  frac- 
tion thereof  so  permitted  to  occupy  such  floor,  and  that  such 
doorways  shall  be  kept  unlocked  and  unobstructed  during  work- 
ing hours.]  The  provisions  of  this  subdivision  shall  apply  to 
any  fireproof  building  [heretofore]  erected  before  October  first, 
nineteen  hundred  and  thirteen,  which  may  hereafter  be  made  to 
conform  to  the  requirements  of  this  [section.]  subdivision. 

The  partition  shall  be  of  brick,  terra  cotta  or  concrete  not  less 
than  four  inches  thick  extending  continuously  from  the  fireproof- 
ing  of  the  flooi'  to  the  underside  of  the  fireproofing  of  the  floor 
above.  All  openings  in  the  partition  shall  be  protected  by  fire 
doors  not  less  than  thirty-six  inches  nor  more  than  eight  feet 
in  width,  which  shall  be  kept  unlocked  and  unobstructed  during 
working  hours.  On  each  side  of  the  partition  there  shall  be  at 
least  one  stairway  conforming  to  the  requirements  for  required 
exits.  The  partition  shall  have  doorways  of  sufficient  aggregate 
width  to  allow  eighteen  inches  in  width  of  openings  for  each  fifty 
persons  or  fraction  thereof  employed  on  such  floor. 

[8,  In  any  building  the  number  of  persons  permitted  to  be 
employed  on  any  one  floor  under  the  provisions  of  subdivisions 
one,  two  and  three  of  this  section  may  be  increased  fifty  per 
centum  where  there  is  constructed,  installed  and  maintained 
throughout  the  building  an  automatic  sprinkler  system  conform- 
ing to  the  requirements  of  section  eighty-three-b  of  this  chapter 
and  to  the  rules  and  regulations  of  the  industrial  board.] 

8.  [9.]  In  any  building,  the  number  of  persons  who  may  be 
employed  on  any  [one]  floor  shall  in  no  event  exceed  such  number 
as  can  occupy  such  floor,  allowing  thirty-six  square  feet  of  floor 
space  per  person  [if  the]  in  a  non-fireproof  building  [is  not  of 
fireproof  construction,]  and  thirty-two  square  feet  of  floor  space 
per  person  [if  the]  in  a  fireproof  building,  [is  of  fireproof  con- 
struction.] 

9.  [10.]  Where  one  floor  is  occupied  by  more  than  one  tenant, 
the  industrial  board  shall  [liave  power  to]  make  rules  [and  regu- 
lations] proscribing  how  many  of  the  persons  allowed  to  occupy 


218     Appeitdix  I  —  Bills  Submitted  to  the  Legislature 

such  floor  under  the  provisions  of  this  section,  may  occupy  the 
space  of  each  tenant 

10.  £11.  Posting.]  In  every  factory^,]  building  two  stories  or 
over  in  height,  the  commissioner  [of  labor]  shall  cause  to  be 
posted  in  a  conspicuous  place  in  every  stairhall  and  workroom, 
notices  specifying  the  number  of  persons  that  may  occupy  each 
floor  thereof  in  accordance  with  the  provisions  of  this  sec- 
tion. [Every  such  notice  shall  be  posted  in  a  conspicuous  place 
in  every  stairhall  and  workroom.]  If  any  [one]  floor  is  occupied 
by  more  than  one  tenant,  such  notices  shall  be  posted  in  the  space 
occupied  by  each  tenant,  and  shall  state  the  number  of  persons 
that  may  occupy  such  space.  Every  [such]  notice  shall  bear  the 
date  when  posted.  Sv^h  notices  shall  not  be  removed  without  per- 
mission of  the  department. 

Note. —  Taken  from  old  §  79-e,  with  changes  all  indicated. 

§  [[83-a.]  258.  Fire  alarm  signal  systems,  [and  fire  drills.  1.] 
Every  factory  building  over  two  stories  in  height  in  which  more 
than  twenty-five  persons  are  employed  above  the  ground  floor  shall 
be  equipped  with  a  fire  alarm  signal  system  with  a  sufiicient  num- 
ber of  signals  clearly  audible  to  all  occupants  thereof.  [The  indus- 
trial board  may  make  rules  and  regulations  prescribing  the  number 
and  location  of  such  signals.]  Such  system  shall  be  installed  and 
maintained  in  good  working  order,  [by  the  owner  or  lessee  of 
the  building  and]  It  shall  permit  the  sounding  of  all  the  alarms 
within  the  building  whenever  the  alarm  is  sounded  in  any  portion 
thereof.  [Such  system  shall  be  maintained  in  good  working  order.] 
'No  person  shall  tamper  with,  or  render  ineffective  any  portion  of 
[said]  the  system  except  to  repair  [the  same]  it.  It  shall  be  the 
duty  of  whoever  discovers  a  fire  to  cause  an  alarm  to  be  sounded 
immediately.  In  the  city  of  New  York  the  fire  commissioner  of 
such  city,  and  elsewhere,  the  commissioner  of  labor  shall  enforce 
this  section. 

[2.  In  every  factory  building  over  two  stories  in  height  in 
which  more  than  twenty-five  persons  are  employed  above  the 
ground  floor,  a  fire  drill  which  will  conduct  all  the  occupants  of 
such  building  to  a  place  of  safety  and  in  which  all  the  occupants 
of  such  building  shall  participate  simultaneously  shall  be  con- 
ducted at  least  once  a  month. 

In  the  city  of  I^ew  York  the  fire  commissioner  of  such  city, 
and  in  all  other  parts  of  the  state,  the  state  fire  marshal  shall 
cause  to  be  organized  and  shall  supervise  and  regulate  such  fire 


Appendix  I  —  Bills  Submitted  to  the  Legtslatitee     210 

drills,  and  shall  make  rules,  regulations  and  special  orders  neces- 
sary or  suitable  to  each  situation  and  in  the  case  of  buildings 
containing  more  tlian  one  tenant,  necessary  or  suitable  to  the 
adequate  co-operation  of  all  the  tenants  of  such  building  in  a 
fire  drill  of  all  the  occupants  thereof.  Such  rules,  regulations 
and  orders  may  prescribe  upon  whom  shall  rest  the  duty  of 
carrying  out  the  same.  Such  special  orders  may  require  posting 
of  the  same  or  an  abstract  thereof.  A  demonstration  of  such 
fire  drill  shall  be  given  upon  the  request  of  an.  authorized  repre- 
sentative of  the  fire  department  of  the  city,  village  or  town  in 
which  the  factory  is  located,  and,  except  in  the  city  of  New  York, 
upon  the  request  of  the  state  fire  marshal  or  any  of  his  deputies 
or  assistants. 

3.  In  the  city  of  New  York  the  fire  commissioner  of  such  city, 
and  elsewhere,  the  state  fire  marshal  is  charged  with  the  duty  of 
enforcing  this  section.] 

Note. — Subdivision  2  of  old  §  83-a  is  made  new  §  259. 

§  259.  Fire  drills.  In  every  factory  building  over  two  stories 
in  height  in  which  more  than  twenty-five  persons  are  employed 
above  the  ground  floor,  a  fire  drill  which  will  conduct  all  the  occu- 
pants of  such  building  to  a  place  of  safety  and  in  which  all  the 
occupants  of  such  building  shall  participate  simultaneously  shall 
be  conducted  at  least  once  a  month. 

In  the  city  of  Neiu  York  the  fire  commissioner  of  such  city, 
and  elsewhere  the  cotnmissioner  of  labor  shall  enforce  this  section 
and  shall  cause  to  be  organized  and  shall  supervise  and  regulate 
such  fire  drills,  and  shall  make  rules,  regulations  and  special 
orders  necessary  or  suitable  to  each  situation  and  in  the  case  of 
buildings  containing  more  than  one  tenant,  necessary  or 
suitable  to  the  adequate  co-operation  of  all  the  tenants  of 
such  building  in  a  fire  drill  of  all  the  occupants  thereof.  Such 
rules,  regulations  and  orders  may  prescribe  upon  whom 
shall  rest  the  duty  of  carrying  out  the  same  and  may  require 
posting  of  the  same  or  an  abstract  thereof.  A  demonstration 
of  such  fire  drill  shall  be  given  upon  the  request  of  an  au- 
thorized representative  of  the  fire  department  of  the  city,  village 
or  town  in  which  the  factory  is  located,  and,  except  in  the  city 
of  New  York,  upon  the  request  of  the  commissioner  of  labor  or 
any  of  his  deputies  or  assistants. 

Note  — Taken  from  old  §  83-a,  sub.  2. 

Jurisdiction  outside  of  New  York  city  transferred  from  state  fire  marshal 
to  commissioner  of  labor. 


220     Appendix  I  —  Bills  Submitted  to  the  Legislature 

§  [83-b.]  260.  Automatic  sprinklers.  In  every  factory  building 
[over  seven  stories  or  over  ninety  feet  in  height]  in  which  wooden 
flooring  or  wooden  trim  is  used  and  more  than  two  hundred  people 
are  regularly  employed  above  the  seventh    floor    or    more    than 
ninety  feet  above  the  ground  level  of  [such]  the  building,  the 
owner    of    the    building    shall    install    an    automatic    sprinkler 
system  approved  as  to  form  and  manner  of  construction  and 
installation  in  the  city  of  New  York  by  the  fire  commissioner 
of  such  city,  and  elsewhere  by  the  [state  fire  marshal.]  commis- 
sioner of  labor.    Such  automatic  sprinkler  system  shall  at  all  times 
be  maintained  in  good  working  order.    [Such  installation  shall  be 
made  within  one  year  after  this  section  takes  effect,  but  the  fire 
commissioner  of  the  city  of  New  York  in  such  city,  and  the  state 
fire  marshal  elsewhere  may,  for  good  cause  shown,  extend  such 
time  for  an  additional  year.    A  failure  to  comply  with  this  section 
shall  be  a  misdemeanor  as  provided  by  section  twelve  hundred  and 
seventy-five  of  the  penal  law  and  t]TTie  provisions  hereof  shall 
[also]  be  enforced  in  the  city  of  Xew  York  by  the  fire  commis- 
sioner of  such  city  [in  the  manner  provided  by  title  three  of 
chapter  fifteen  of  the  Greater  New   York  charter],   and  else- 
where by  the  J[state  fire  marshal  in  the  manner  provided  by  article 
ten-a  of  the  insurance  law]  commissioner  of  labor. 

§  [83-c.]  261.  Fireproof  receptacles[ ;  gas  jets;  smoking]. 
[1.]  Every  factory  shall  be  provided  with  properly  covered  fire- 
proof receptacles,  the  number,  style  and  location  of  which  shall  be 
approved  in  the  city  of  New  York  by  the  fire  commissioner,  and 
elsewhere,  by  the  commissioner  of  labor.  There  shall  be  de- 
posited in  such  receptacles  all  [inflammable]  waste  materials,  cut- 
tings and  rubbish  of  an  inflammable  nature.  No  waste  materials, 
cuttings  or  rubbish  shall  be  permitted  to  accumulate  on  the  floors 
of  any  factory  but  shall  be  removed  therefrom  not  less  than 
[twice]  once  each  day.  All  [such]  waste  materials,  cuttings  and 
rubbish  of  an  inflammable  nature  shall  be  entirely  removed  from 
a  factory  building  at  least  once  in  each  day,  except  that  baled 
waste  material  may  be  stored  in  fireproof  enclosures,  [provided 
that  a]All  such  baled  waste  material  shall  be  removed  from  such 
building  at  least  once  in  each  month. 

[2.  All  gas  jets  or  lights  in  factories  shall  be  properly  enclosed 
by  globes,  wire  cages  or  otherwise  properly  protected  in  a  man- 
ner, approved  in  the  city  of  New  York  by  the  fire  commissioner  of 
such  city,  and  elsewhere,  by  the  commissioner  of  labor. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     221 

3.  No  person  shall  smoke  in  any  factory.  A  notice  of  such 
prohibition  stating  the  penalty  for  violation  thereof  shall  be  posted 
in  every  entrance  hall  and  every  elevator  car,  and  in  every  stair- 
hall  and  room  on  every  floor  of  such  factory  in  English  and  also 
in  such  other  language  or  languages  as  the  fire  commissioner  of 
the  city  of  New  York  in  such  city,  and  elsewhere,  the  state  fire 
marshal,  shall  direct.  The  fire  commissioner  of  the  city  of  New 
York  in  such  city,  and  elsewhere,  the  state  fire  marshal  shall  en- 
force the  provisions  of  this  subdivision.] 

Note.— Old  §  83-c,  subs.  2  and  3  made  new  §§  262  and  263. 

§  262.  Gas  jets.  All  gas  jets  or  other  lights  in  factories  shall 
he  properly  enclosed  hy  globes,  or  wire  cages  or  shall  he  otherwise 
properly  jjrotected  in  a  manner  approved  in  the  city  of  New  York 
hy  the  fire  commissioner  of  such  city,  and  elsewhere,  hy  the  com- 
missioner of  labor. 

Note. —  Taken  from  old  §  83-c,  sub.  2. 

§  263.  Smoking.  No  person  shall  smoke  in  any  factory,  but 
the  industrial  board  in  its  rules  may  permit  smoking  in  protected 
portions  of  a  factory,  or  in  special  classes  of  occupancies  where  in 
its  opinion  the  safety  of  the  employees  would  not  be  endangered 
thereby.  A  notice  of  such  prohibition  stating  the  penalty  for 
violation  thereof  shall  be  kept  posted  in  every  entrance  hall, 
elevator  car,  stair-hall  and  room  of  a  factory  in  English  and  also 
in  such  other  language  as  the  fire  commissioner  of  the  city  of  New 
York  in  such  city,  and  elsewhere,  the  commissioner  of  labor,  shall 
direct.  The  fire  commissioner  of  the  city  of  New  York  in  such 
city,  and  elsewhere,  the  commissioner  of  labor  shall  enforce  this 
section.  Such  notices  shall  be  furnished  hy  the  officer  charged 
with  the  enforcement  of  this  section. 

Note. —  Taken  from  old  §  83-c,  sub.  3.  Important  change  in  substance 
in  first  sentence  giving  power  to  industrial  board  to  make  exemptions. 

Jurisdiction  outside  of  New  York  city  transferred  from  state  fire  marshal 
to  commissioner  of  labor. 

TITLE  III.  SANITATION. 

§  [84]  270.  Cleanliness  of  factory  rooms.  Every  room  in  a  fac- 
tory [and]  including  the  floor[s],  walls,  ceiling[s],  windows  and 
every  other  part  thereof  and  all  fixtures  therein  shall  at  all  times 
be  kept  in  a  clean  and  sanitary  condition.  The  walls  and  ceil- 
ing[s]  of  [each]  such  room  [in  a  factory]  shall  be  kept  properly 


222     Appendix  I  —  Bills  Submitted  to  the  Legislature 

lime  washed  or  painted,  except  when  otherwise  properly  finished 
|[properly  tiled  or  covered  with  slate  or  marble  with  a  finished 
surface.  Such  lime  wash  or  paint  shall  be  renewed  whenever 
necessary  as  may  be  required  by  the  commissioner  of  labor]. 
Floors  in  a  factory  shall,  at  all  times,  be  maintained  in  a  safe  con- 
dition. 'No  person  shall  [spit  or]  expectorate  upon  the  walls, 
floors  or  stairs  of  any  factory  building,  [used  in  whole  or  in  part 
for  factory  purposes.]  Sanitary  cuspidors  shall  be  provided. 
where  necessary  in  every  workroom  in  a  factory  in  sufficient  num- 
bers. Such  cuspidors  shall  be  thoroughly  cleaned  daily.  Suit- 
able receptacles  shall  be  provided  and  used  for  the  storage  of  waste 
and  refuse[;  s].  Such  receptacles  shall  be  maintained  in  a 
sanitary  condition. 

§  [84-a.]  271.  Cleanliness  of  factory  buildings.  Every  part  of 
a  factory  building  and  of  the  premises  thereof  and  the  yards, 
courts,  passages,  areas  or  alleys  connected  with  or  belonging  to  the 
same,  shall  be  kept  [clean,  and  shall  be  kept]  free  from  any 
accumulation  of  dirt,  filth,  rubbish  or  garbage  [in  or  on  the 
same].  The  roof,  passages,  stairs,  halls,  basements,  cellars,  privies, 
water-closets,  [cesspools,  drains]  and  all  other  parts  of  such 
building  and  the  premises  thereof  shall  at  all  times  be  kept  in  a 
clean,  sanitary  and  safe  condition.  The  entire  building  and 
premises  shall  be  well  drained  and  the  plumbing,  cesspools  and 
drains  thereof  at  all  times  kept  in  proper  repair  and  in  a  [clean 
and]  sanitary  condition. 

§  272.  Drinking  water.  1.  In  every  factory  there  shall  he  pro- 
vided at  all  times  for  the  use  of  employees,  a  sufficient  supply  of 
clean  and  pure  drinking  water.  Such  water  shall  he  supplied 
through  proper  pipe  connections  with  water  mains  through  which 
is  conveyed  the  water  used  for  domestic  purposes,  or,  from  a 
spring  or  well  or  hody  of  pure  water. 

2.  If  such  drinking  water  he  placed  in  receptacles  in  the  factory, 
such  receptacles  shall  he  properly  covered  to  prevent  contamination 
and  shall  he  thoroughly  cleaned  at  frequent  intervals. 
Note. —  Taken  from  old  §  88,  sub.  1. 

§  [[88]  273.  [Drinking  water,  w]  Washrooms,  [and  dressing 
rooms.  1.  In  every  factory  there  shall  be  provided  at  all  times  for 
the  use  of  employees,  a  sufficient  supply  of  clean  and  pure  drink- 
ing water.  Such  water  shall  be  supplied  through  proper  pipe 
connections  with  water  mains  through  which  is  conveyed  the  water 


Appendix  I  —  Bills  Submitted  to  the  Legislature     223 

used  for  domestic  purposes,  or,  from  a  spring  or  well  or  body  of 
pure  water ;  if  such  drinking  water  be  placed  in  receptacles  in  the 
factory,  such  receptacles  shall  be  properly  covered  to  prevent  con- 
tamination and  shall  be  thoroughly  cleaned  at  frequent  intervals.] 
[2. J  1.  In  every  factory  there  shall  be  provided  and  maintained 
for  the  use  of  employees  [suitable]  adequate  and  convenient 
washrooms  or  washing  facilities  [,  separate  for  each  sex,  ade- 
quately equipped  with  washing  facilities  consisting  of  sinks  or 
stationary  basins  provided  with  running  water  or  with  tanks 
holding  an  adequate  supply  of  clean  water].  ^Y'herever  re- 
quired hy  the  industrial  hoard  such  washrooms  and  washing  facil- 
ities shall  he  se,parate  for  each  sex.  Every  washroom  shall  be  pro- 
vided [with  means  for  artificial  illumination  and]  with  adequate 
means  of  ventilation  and  heating  and  with  artificial  illumination 
where  necessary.  [All  washrooms  and  washing  facilities  shall  be 
constructed,  lighted,  heated,  ventilated,  arranged  and  maintained 
according  to  rules  and  regulations  adopted  with  reference  thereto 
by  the  industrial  board.] 

2.  In  all  factories  where  lead,  arsenic  or  other  poisonous  sub- 
stances or  injurious  or  noxious  fumes,  dust  or  gases  are  present 
as  an  incident  or  result  of  the  business  or  processes  conducted  by 
such  factory  [there  shall  be  provided]  the  washing  facilities 
[which]  shall  include  hot  water  and  soap  and  individual  towels. 

[3.  Where  females  are  employed  the  person  operating  the 
factory  shall  provide  dressing  or  emergency  rooms  for 
their  use;  each  such  room  shall  have  at  least  one  window  open- 
ing to  the  outer  air  and  shall  be  enclosed  by  means  of  solid  parti- 
tions or  walls.  In  every  factory  in  which  more  than  ten  women 
are  employed  there  shall  be  provided  one  or  more  separate 
dressing  rooms  in  such  numbers  as  required  by  the  rules  and 
regulations  of  the  industrial  board  and  located  in  such  place 
or  places  as  required  by  such  rules  and  regulations,  having 
an  adequate  floor  space  in  proportion  to  the  number  of  em- 
ployees, to  be  fixed  by  the  rules  and  regulations  of  the  industrial 
board,  but  the  floor  space  of  every  such  dressing  room  shall  in  no 
event  be  less  than  sixty  square  feet ;  each  dressing  room  shall  be 
separated  from  any  water  closet  compartment  by  adequate  parti- 
tions and  shall  be  provided  with  adequate  means  for  artificial 
illumination;  each  dressing  room  shall  be  provided  with  suitable 
means  for  hanging  clothes  and  with  a  suitable  number  of  seats. 
All  dressing  rooms  shall  be  enclosed  by  means  of  solid  partitions 


224     Appendix  I  —  Bills  Submitted  to  the  Legislature 

or  walls,  and  shall  be  constructed,  heated,  ventilated,  lighted  and 
maintained  in  accordance  with  such  rules  and  regulations  as  may 
be  adopted  by  the  industrial  board  with  reference  thereto.] 
•      Note.—  Sub.  3  of  old  §  88  is  made  new  §  274. 

§  ^7^.  Dressing  rooms.  In  every  factory  where  females  are 
employed  a  sufficient  number  of  dressing  rooms  conveniently  lo- 
cated shall  he  .provided  for  their  use.  Each  dressing  room  shall 
be  properly  ventilated  and  shall  he  enclosed  by  partitions  or  walls. 
Each  dressing  room  shall  be  provided  with  adequate  means  for  arti- 
ficial illumination,  suitable  means  for  hanging  clothes  and  a  suit- 
able number  of  seats  and  shall  be  properly  heated  and  ventilated. 
Each  dressing  room  shall  be  separated  from  any  wnter  closet 
compartment  by  adequate  partitions.  Adequate  floor  space  shall 
be  provided  in  dressing  rooms  in  proportion  to  the  number  of  emr 
ployees. 

Note. —  Taken  from  old  §  88,  sub.  3,  except  that  provision  in  old  section  for 
dressing  rooms  where  more  than  ten  women  are  employed,  is  here  omitted. 

§  [88-a.]  £75.  Water  closets.  1.  [In  every  factory  tJThere 
shall  be  provided  for  every  factory  a  sufficient  number  of  suitable 
and  convenient  water  closets  [separate  for  each  sex,  in  such  num- 
ber and  located  in  such  place  or  places  as  required  by  the  rules  and 
regulations  of  the  industrial  board].  All  water  closets  shall  be 
maintained  inside  [the]  factory  building  except  where,  in  the 
opinion  of  the  commissioner  [of  labor],  it  is  impracticable  to 
do  80. 

2.  There  shall  be  separate  water  closet  compartments  or  toilet 
rooms  for  females,  constructed  and  maintained  in  accordance  with 
the  rules  of  the  industrial  board,  [to  be  used  by  them  exclusively, 
and  notice  to  that  effect  shall  be  painted  on  the  outside  of  such 
compartments.  The  entrance  to  every  water  closet  used  by  females 
shall  be  effectively  screened  by  a  partition  or  vestibule.  Where 
water  closets  for  males  and  females  are  in  adjoining  compart- 
ments, there  shall  be  solid  plastered  or  metal  covered  partitions 
between  the  compartments  extending  from  the  floor  to  the  ceiling 
whenever  any  water  closet  compartments  open  directly  into  the 
workroom  exposing  the  interior,  they  shall  be  screened  from  view 
by  a  partition  or  a  vestibule.  The  use  of  curtains  for  screening 
purposes  is  prohibited.] 

3.  The  use  of  any  form  of  trough  water  closet,  latrine  or  school 
sink  within  any  factory  is  prohibited  except  as  may  be  permitted 


Appendix  I  —  Bills  Submitted  to  the  Legislature     225 

hy  the  industrial  hoard  in  its  rules.  All  snch  trough  water 
closets,  latrines  or  school  sinks  shall,  before  the  first  of  October, 
nineteen  hundred  and  [fourteen]  fifteen,  be  completely  removed 
and  the  place  where  they  were  located  properly  disinfected  under 
the  direction  of  the  department  [of  labor.  Such  appliances  shall 
be  replaced  by  proper  individual  water  closets,  placed  in  water 
closet  compartments,  all  of  which  shall  be  constructed  and  installed 
in  accordance  with  rules  and  regulations  to  be  adopted  by  the 
industrial  board]. 

4.  Every  [existing]  water  closet  and  urinal  installed  lefore 
October  first,  nineteen  hundred  and  thirteen,  for  any  factory 
inside  any  factory  building  shall  have  a  basin  of  enameled  iron 
or  earthenware,  and  shall  be  properly  flushed  [from  a  separate 
water-supplied  cistern  or  through  a  flushometer  valve  connected 
in  such  manner  as  to  keep  the  water  supply  of  the  factory  free 
from  contamination].  All  water  closet  compartments  or  toilet 
rooms  constructed  before  October  first,  nineteen  hundred  and 
thirteen,  shall  have  windows  or  suitable  ducts  leading  to  the  outer 
air. 

5.  All  woodwork  enclosing  water  closet  fixtures  shall  be  re- 
moved from  the  front  of  the  closet  and  the  space  underneath  the 
seat  shall  be  left  open.  [The  floor  or  other  surface  beneath  and 
around  the  closet  shall  be  maintained  in  good  order  and  repair 
and  all  the  woodwork  shall  be  kept  well  painted  with  a  light-color 
paint.]  All  j[existing]'  water  closet  compartments  shall  [have 
windows  leading  to  the  outer  air  and  shall]  be  [otherwise]  prop- 
erly ventilated  [in  accordance  with  rules  and  regulations  adopted 
for  that  purpose  by  the  industrial  board.  Such  compartments] 
and  shall  be  provided  with  adequate  means  for  artificial  illumina- 
tion, [and  the  enclosure  of  each  compartment  shall  be  kept  free 
from  all  obscene  writing  or  marking. 

5.] 6.  All  water  closets,  urinals^  [and]  water  closet  compart- 
ments and  toilet  rooms  hereafter  installed  in  a  factory,  including 
those  provided  to  replace  existing  fixtures,  shall  be  properly  con- 
structed, installed,  ventilated,  lighted  and  maintained  in  accord- 
ance with  such  rules  [and  regulations]  as  may  be  adopted  by  the 
industrial  board. 

[6.]  7.  All  water  closet  compartments,  and  the  floors,  walls,  ceil- 
ings and  S;Urface  thereof,  and  all  fixtures  therein,  and  all  water 
closets  and  urinals  shall  at  all  times  be  [kept  and]  maintained  in 
a  clean  and  sanitary  condition.  The  floor  or  other  surface  beneath 
Vol.  1  —  8 


226     Appendix  I  —  Bills  Slumitted  to  the  Legislatube 

aiid  around  the  closet  shall  he  maintained  in  good  order  and  re.pair 
and  all  the  wood  work  shall  he  hepi  well  painted.  The  enclosure 
of  each  compartment  and  toilet  room  shall  be  kept  free  from 
ohscene  writing  or  marking.  Where  the  water  supply  to 
water  closets  or  urinals  is  liable  to  freeze,  the  water  closet 
compartment  shall  be  properly  heated  so  as  to  prevent  freezing,  or 
the  supply  and  flush  pipes,  cisterns  and  traps  and  valves  shall  be 
effectively  covered  with  wool  felt  or  hair  felt,  or  other  adequate 
covering. 

[7.  All  water  closets  shall  be  constructed,  lighted,  ventilated, 
arranged  and  maintained  according  to  rules  and  regulations 
adopted  with  reference  thereto  by  the  industrial  board.] 

§  [92.]  £76.  Laundries.  A  shop,  room  or  building  where  one 
or  more  persons  are  employed  in  doing  public  laundry  work  by  way 
of  trade  or  for  purposes  of  gain  is  a  factory  within  the  meaning 
of  this  chapter,  and  shall  be  subject  to  [the  visitation  and  inspec- 
tion of  the  commissioner  of  labor  and]  the  provisions  of  this  chap- 
ter in  the  same  manner  as  any  other  factory.  No  such  public 
laundry  work  shall  be  done  in  a  room  used  for  a  sleeping  or  living 
room.  All  such  laundries  shall  be  kept  in  a  clean  condition  and 
free  from  vermin  and  all  impurities  of  an  infectious  or  con- 
tagious nature.  This  section  shall  not  apply  to  any  female  engaged 
in  doing  custom  laundry  work  at  her  home  for  a  regular  family 
trade. 

§  [95.]  277.  Unclean  factories.  If  the  commissioner  [of  labor] 
finds  evidence  of  contagious  disease  in  any  factory  he  shall  affix 
to  any  articles  therein  exposed  to  such  contagion  a  label  contain- 
ing the  word  "  unclean  "  and  shall  notify  the  local  board  of  health, 
who  may  disinfect  such  articles  and  thereupon  remove  such  label. 
If  the  commissioner  [of  labor]  finds  that  any  [workroom  or] 
factory  or  workroom  therein  is  foul,  unclean,  or  unsanitary,  he 
may,  after  first  making  and  filing  in  the  public  records  of  his 
office  a  written  order  stating  the  reasons  therefor,  affix  to  any  ar- 
ticles therein  found  a  label  containing  the  word  "  unclean."  With 
the  exception  of  the  local  hoard  of  health,  [iS[]no  one  but  [the 
commissioner  of  labor]  an  authorized  representative  of  the  de- 
partment shall  remove  any  label  so  affixed ;  and  he  may  refuse  to 
remove  it  until  such  articles  [shall  have  been]  are  removed  from 
such  factory  and  cleaned,  or  until  such  factory  or  room  [or  rooms 
shall  have  been]  is  cleaned  or  made  sanitary. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     227 

§  [98.  Labor  camps.]  278.  Living  quarters  for  factory  em- 
ployees. Every  employer  operating  a  factory,  and  furnishing  to  the 
employees  thereof  any  living  quarters  at  any  place  outside  the  fac- 
tory, either  directly  or  through  any  third  person  by  contract  or 
otherwise,  shall  maintain  such  living  quarters  [and  every  part 
thereof]  in  a  [thoroughly]  sanitary  condition.  [The  iTulustrial 
board  shall  have  power  to  make  rules  and  regulations  to  provide 
for  the  sanitation  of  such  living  quarters.  The  commissioner 
of  labor  may  enter  and  inspect  any  such  living  quarters.] 

Note. —  Last  two  sentences  of  old  §  98  covered  by  general  provisions. 

§  [86.]  ^79.  Y QutiloXioTi,  heat  avd  humidity.  1.  [The  person 
operating  e]£'very  workroom  in  a  factory  shall  he  providetZ  with 
\j  in  each  workroom  thereof]  proper  and  suificient  means  of 
ventilation  by  natural  or  mechanical  means  or  both,  as  may  be 
necessary,  and  there  shall  he  maintained^  therein  proper  and 
sufiicient  ventilation  and  proper  degrees  of  temperature  and 
humidity  [in  every  workroom  thereof]  at  all  times  during  work- 
ing hours.  If,  owing  to  the  nature  of  the  manufacturing  process 
carried  on  in  a  factory  workroom,  excessive  heat  he  created  therein, 
there  shall  he  provided,  maintained  and  operated  such  special 
means  or  appliances  as  may  he  required  to  reduce  such  excessive 
heat. 

2.  All  grinding,  polishing  or  huffing  wheels  used  in  the  course 
of  the  manufacture  of  articles  of  the  haser  metals  shall  he  equipped 
with  proper  hoods  and  pipes  and  such  pipes  shall  he  connected  to 
an  exhaust  fan  of  sufficient  capacity  and  power  to  remove  all 
matter  thrown  off  such  wheels  in  the  course  of  their  use.  Such 
fan  shall  he  kept  running  constantly  while  such  grinding,  polish- 
ing or  huffing  wheels  are  in  operation.  In  case  of  wet-grinding 
it  is  unnecessary  to  comply  with  this  suhdivision  unless  required 
hy  the  rules  of  the  industrial  hoard.  All  machinery  creating  dust 
or  impurities  shall  he  equipped  with  proper  hoods  and  pipes  and 
such  pipes  shall  he  connected  to  an  exhaust  fan  of  sufficient  ca- 
pacity and  power  to  remove  such  dust  or  impurities;  such  fan 
shall  he  kept  running  constantly  while  such  machinery  is  in  use. 
If  in  case  of  luood-working  or  grinding  machinery,  the  industrial 
hoard  decides  that  such  apparatus  is  unnecessary  for  the  health  and 
welfare  of  the  employees  it  may  adopt  rules  excepting  such  ma- 
chinery from  the  operation  of  this  suhdivision. 


228     Appendix  I  —  Bills  Submitted  to  the  Legislatuke 

[2]5.  If  dust,  gases,  fumes,  vapors,  fibers  or  other  impurities 
are  generated  or  released  in  the  course  of  the  business  carried  on 
in  any  workroom  of  a  factory,  in  quantities  tending  to  injure  the 
health  of  the  [operatives,  the  person  operating  the  factory, 
whether  as  owner  or  lessee  of  the  whole  or  of  a  part  of  the  build- 
ing in  which  the  same  is  situated,  or  otherwise,  shall  provide] 
employees  suction  devices  shall  he  provided  that  shall  remove  said 
impurities  from  the  workroom,  at  their  point  of  origin  where 
practicable,  by  means  of  proper  hoods  connected  to  conduits  and 
exhaust  fans  of  sufficient  capacity  to  remove  such  impurities. 
[,  and  sJ/Such  fans  shall  be  kept  running  constantly  while  such 
impurities  are  being  generated  or  released.  [If,  owing  to  the 
nature  of  the  manufacturing  process  carried  on  in  a  factory  work- 
room, excessive  heat  be  created  therein  the  person  or  persons  oper- 
ating the  factory  as  aforesaid  shall  provide,  maintain,  use  and 
operate  such  special  means  or  appliances  as  may  be  required  to 
reduce  such  excessive  heat.] 

[3]^.  The  industrial  board  shall  [have  power  to]  make  rules 
[and  regulations]  for  and  fix  standards  of  ventilation,  tempera- 
ture and  humidity  in  factories  and  [may]  shall  prescribe  the 
special  means,  if  any,  required  for  removing  impurities  or  for 
reducing  excessive  heat,  and  the  machinery,  apparatus  or  appli- 
ances to  be  used  for  any  of  said  purposes,  and  the  construction, 
equipment,  maintenance  and  operation  thereof,  in  order  to  effectu- 
ate the  purposes  of  this  section. 

[4] 5.  If  any  requirement  of  this  section  or  any  rule  [or  regu- 
lation] of  the  industrial  board  made  under  the  provisions  thereof 
shall  not  be  complied  with,  the  commissioner  [of  labor]  shall 
issue  [or  cause  to  be  issued]  an  order  directing  compliance  there- 
with [by  the  person  whose  duty  it  is  to  comply  therewith]  within 
[thirty  days  after  the  service  of  such  order]  such  time  as  he  may 
deem  necessary.  [Such  person  shall,  in  case  of  failure  to  comply 
with  the  requirements  of  such  order,  forfeit  to  the  people  of  the 
state  fifteen  dollars  for  each  day  during  which  such  failure  shall 
continue  after  the  expiration  of  such  thirty  days,  to  be  recovered 
by  the  commissioner  of  labor.  The  liability  to  such  penalty  shall 
be  in  addition  to  the  liability  of  such  person  to  prosecution  for  a 
misdemeanor  as  provided  by  section  twelve  hundred  and  seventy- 
five  of  the  penal  law. 

5.  "When  the  commissioner  of  labor  shall  issue,  or  cause  to  be 
issued,  an  order  specified  in  subdivision  four  hereof  \i\He  may  in 


Appendix  I  —  Bills  Submitted  to  the  Legislature     229 

STieli  order  require  plans  and  specifications  to  be  filed  for  any 

machinery  or  apparatus  to  be  provided  or  altered,  pursuant  to  the 

requirements  of  such  order.     In  such  case,  before  providing,  or 

making  any  change  or  alteration  in  any  machinery  or  apparatus 

for  any  of  the  purposes  specified  in  this  section,  the  person  upon 

whom  such  order  is  served  shall  file  with  the  commissioner  [of 

labor]  plans  and  specifications  therefor,  and  shall  obtain  [the] 

his  approval  of  such  plans  and  specifications  [by  the  commissioner 

of  labor]  before  providing  or  making  any  change  or  alteration  in 

any  such  machinery  or  apparatus. 

Note. —  All  except  sub.  2  taken  from  old  §  86.    Sub.  2  taken  from  old  §  81, 
Bub.  2,  with  added  power  to  industrial  board  to  exempt  grinding  macbines. 

§  [85.]  280.  Size  of  rooms.  No  more  [employees]  persons 
shall  be  [required  or  permitted  to  work]  employed  in  a  room  in  a 
factory  [between  the  hours  of  six  o'clock  in  the  morning  and  six 
o'clock  in  the  evening]  than  will  allow  each  [of  such  employees, 
not  less  than]  person  employed  between  the  hours  of  six  o'clock 
in  the  moTyiing  and  six  o'clock  in  the  evening  two  hundred  and 
fifty  cubic  feet  of  air  space ;  [and,]  nor  unless  by  a  written  per- 
mit of  the  commissioner  [of  labor,  not  less]  than  will  allow  four 
hundred  cubic  feet  for  each  [employee,  so]  person  employed  be- 
tween the  hoars  of  six  o'clock  in  the  evening  and  six  o'clock  in  the 
morning.  [,  provided  8]*S'uch  room  [is]  shall  he  lighted  by  elec- 
tricity [at  all  times  during  such  hours,  while]  whenever  persons 
are  employed  therein  between  the  hours  of  six  o'clock  in  the  even- 
ing and  six  o'clock  in  the  morning  and  artificial  light  is  necessary. 

§  281.  Illumination.  Every  workroom  in  a  factory  shall  he 
properly  and  adequately  lighted  during  working  hours.  Artificial 
illuminants  shall  he  installed,  arranged  and  used  so  that  the  light 
furnished  will  at  all  times  he  adequate  for  the  work  carried  on 
therein,  and  so  as  to  prevent  unnecessary  strain  on  the  vision  or 
glare  in  the  eyes  of  the  workers. 
Note. —  Taken  from  old  §  81,  sub.  4. 

TITLE  IV.    FOVN DRIES. 

§  [97.  Brass,  iron  and  steel  f]  285.  Foundries.  [1.]  Foundries 
shall  [be  subject]  conform  to  all  the  provisions  of  this  chapter 
relating  to  factories[,]  and  also  to  the  following  requirements: 

[2]i.  All  entrances  [to  foundries]  shall  be  so  constructed  and 
maintained  as  to  minimize  drafts,  and  all  windows  [therein]  shall 
be  maintained  in  proper  condition  and  repair. 


?30     Appendix  I — Bills  Subjutted  to  the  Legislatuee 

[3]^.  All  gangways  [in  foundries]  shall  be  constructed  and 
maintained  of  sufficient  width  to  make  the  use  thereof  by  em- 
ployees reasonably  safe.J;  d'JDuTing  the  progress  of  casting  such 
gangways  shall  not  be  obstructed  in  any  manner. 

[4]5.  Smoke,  steam  and  gases  generated  in  foundries  shall  be 
effectively  removed  therefrom,  in  accordance  with  such  rules  [and 
regulations]  as  may  be  adopted  with  reference  thereto  by  the  in- 
dustrial board,  and  whenever  required  by  the  [regulations]  rules 
of  such  board,  exhaust  fans  of  sufficient  capacity  and  power,  prop- 
erly equipped  with  ducts  and  hoods,  shall  be  provided  and  oper- 
ated to  remove  such  smoke,  steam  and  gases.  The  milling  and 
cleaning  of  castings,  and  milling  of  cupola  cinders,  shall  be  done 
under  such  conditions  to  be  prescribed  by  the  rules  [and  r^ula- 
tions]  of  the  industrial  board  as  will  adequately  protect  the 
persons  employed  in  foundries  from  the  dust  arising  during  the 
process. 

[5]^.  All  foundries  shall  be  properly  and  thoroughly  Kghtcd 
during  working  hours  and  in  cold  weather  proper  and  sufficient 
heat  shall  be  provided  and  maintained  therein. 

5.  The  use  of  heaters  discharging  smoke  or  gas  into  workrooms 
is  prohibited  except  that  open  fires  may  he  used  for  drying  pur- 
poses only,  under  conditions  prescribed  hy  the  industrial  hoard  in 
its  rules.  [In  all  foundries  s]  ^Suitable  provision  [s]  shall 
be  made  and  maintained  for  drying  the  working  clothes  of  [per- 
sons employed  therein]  employees. 

[6.  In  every  foundry  in  which]  6.  Where  ten  or  more  persons 
are  employed  [or  engaged  at  labor,]  there  shall  be  provided  and 
maintained  [for  the  use  of  employees  therein]  suitable  and  con- 
venient washrooms  [of  sufficient  capacity]  adequately  equipped 
with  hot  and  cold  water  service.  [;  s]/S'uch  washrooms  shall  be  kept 
clean  and  sanitary  and  shall  be  properly  heated  during  cold 
weathei*.  In  e^ery  such  foundry  lockers  shall  be  provided  for 
the  safe-keeping  of  employees'  clothing[.  In  every  foundry  in 
which  more  than  ten  persons  are  employed  or  engaged  at  labor 
where]  and  if  outside  water  closets  or  privy  accommodations 
are  permitted  by  the  commissioner  [of  labor  to  remain  outside 
of  the  factory  under  the  provisions  of  section  eighty-eight  of 
this  chapter,]  the  passageway  leading  from  the  foundry  to  the 
[said]  water-closets  or  privy  accommodations  shall  be  so  pro- 
tected and  constructed  that  the  employees  in  passing  thereto  or 
therefrom  shall  not  be  exposed  to  outdoor  atmosphere  and  such 


Appendix  I  —  Bills  Submitted  to  the  Legislatuke     231 

water-closets  or  privy  aceoininodations  shall  be  properly  heated 
during  culd  weather. 

7.  The  flasks,  molding  machines,  ladles,  cranes  and  apparatus 
for  transporting  molten  metal  [in  foundries]  shall  be  main- 
tained in  proper  condition  and  repair,  and  any  such  tools  or  imple- 
ments that  are  defective  shall  not  be  used  until  properly  repaired. 

8.  There  shall  be  J[in  every  foundry,]  available  for  immediate 
use,  an  ample  supply  of  lime  water,  olive  oil,  vaseline,  bandages 
and  absorbent  cotton,  to  meet  the  needs  of  workmen  in  case  of 
burns  or  other  accidents ;  but  any  other  equally  efficacious  remedy 
for  burns  may  be  substituted  for  those  herein  prescribed. 

TITLE   y.     DUTIES  OF  OWNERS  AND   OCCUPIERS. 

§  [94.  Tenant-factories]  286.  Duties  of  owners  and  occupiers. 
1.  Except  as  in  this  article  otherwise  provided  the  person  operat- 
ing a  factory  whether  as  owner  or  lessee  of  the  whole  or  of  a  part 
of  the  huilding  in  which  the  same  is  situated  or  otherwise,  shall 
he  responsible  for  the  observance  of  the  provisions  of  this  article, 
anything  in  any  lease  or  agreement  to  the  contrary  notwith- 
standing. 

2.  The  term  "  owner "  when  used  in  this  article  means  the 
owner  of  the  freehold  of  the  premises,  or  the  lessee  of  the  whole 
thereof,  or  the  agent  in  charge  of  the  pro,perty. 

S.  [A  tenant-factory  within  the  meaning  of  the  term  as]  The 
term  "  tenant-factory  huilding  "  when  used  in  this  [chapter  is] 
section  means  a  building,  separate  parts  of  which  are  occupied  and 
used  by  different  persons,  [companies  or  corporations,]  and  one 
or  more  of  which  parts  is  [so]  used  as  [to  constitute  in  law]  a 
factory. 

Jf.  The  owner[,]  of  a  tenant-factory  huilding,  whether  or  not 
he  is  also  one  of  the  occupants,  instead  of  the  respective  [lessees 
or]  tenants,  shall  be  responsible  for  the  observance  [and  punish- 
able for  the  nonobservance]  of  the  following  provisions  of  this 
article,  anything  in  any  lease  to  the  contrary  notwithstanding[,  — 
namely,  the  provisions  of  sections  seventy-nine,  eighty,  eighty-two, 
eighty-three,  eighty-six,  ninety  and  ninety-one,  and  the  provisions 
of  section  eighty-one  with  respec:t  to  the  lighting  of  halls  and 
stairways;  except]; 

Section  2S5.  Elevators  and  hoistways. 

250.  Construction  of  buildings  erected  after  October  first, 
nineteen  hundred  and  thirteen. 


232     Appendix  I  —  Bills  Submitted  to  the  Legislature 

251.  Requirements  for  buildings  erected  before  October 

first,  nineteen  hundred  and  thirteen. 

252.  Additional  requirements  common  to  all  buildings, 

except  subdivisions  one,  three  and  five  thereof. 

253.  Fire  escapes  erected  after  October  first,  nineteen 

hundred  and  thirteen. 
25Jf.  Fire  escapes  erected  before  October  first,  nineteen 

hundred  and  thirteen. 
258.  Fire  alarm  signal  systems. 
260.  Automatic  sprinklers. 

272.  Drinking  water,  except  subdivision  two  thereof. 

273.  Wash  rooms,  except  subdivision  two  thereof. 
275.  Water  closets,  except  subdivision  seven  thereof. 

Except  that  the  [lessees  or]  tenants  also  shall  be  responsible  for 
the  observance  [and  punishable  for  the  nonobservance]  of  the 
provisions  of  sections  [seventy-nine,  eighty,  eighty-six  and  ninety- 
one]  two  hundred  and  thirty-five,  two  hundred  and  fifty-one, 
two  hundred  and  fifty-two,  two  hundred  and  fifty-three,  two 
hundred  and  fifty-four,  two  hundred  and  fifty-eight,  two  hundred 
and  seventy-two,  two  hundred  and  seventy-three  and  two  hundred 
and  seventy-five,  within  their  respective  holdings.  The  owner 
shall  also  be  responsible  for  all  other  provisions  of  this  article  in 
so  far  as  they  affect  those  portions  of  the  tenant-factory  building 
that  are  used  in  common  or  by  more  than  one  occupant.  [The 
owner  of  every  tenant-factory  shall  provide  each  separate  factory 
therein  with  water-closets  in  accordance  with  the  provisions  of 
section  eighty-eight,  and  with  proper  and  sufficient  water  and 
plumbiug  pipes  and  a  proper  and  sufficient  supply  of  water  to 
enable  the  tenant  or  lessee  thereof  to  comply  with  all  the  provi- 
sions of  said  section.  But  as  an  alternative  to  providing  water- 
closets  within  each  factory  as  aforesaid,  the  owner  may  provide  in 
the  public  hallways  or  other  parts  of  the  premises  used  in  com- 
mon, where  they  will  be  at  all  times  readily  and  conveniently 
accessible  to  all  persons  employed  on  the  premises  not  provided  for 
in  accordance  with  section  eighty-eight,  separate  water-closets  for 
each  sex,  of  sufficient  numbers  to  accommodate  all  such  persons. 
Such  owner  shall  keep  all  water-closets  located  as  last  specified  at 
all  times  provided  with  proper  fastenings,  and  properly  screened, 
lighted,  ventilated,  clean,  sanitary  and  free  from  all  obscene  writ- 
ing or  marking.  Outdoor  water-closets  shall  only  be  permitted 
where  the  commissioner  of  labor  shall  decide  that  they  are  ncccs- 


Appendix  I  —  Bills  Submitted  to  the  Legislature     233 

sary  or  preferable,  and  they  shall  then  be  provided  in  all  respects 
in  accordance  with  his  directions.  The  owner  of  every  tenant- 
factory  shall  keep  the  entire  building  well  drained  and  the  plumb- 
ing thereof  in  a  clean  and  sanitary  condition;  and  shall  keep  tho 
cellar,  basement,  yards,  areaways,  vacant  rooms  and  spaces,  and 
all  parts  and  places  used  in  common  in  a  clean,  sanitary  and  safe 
condition,  and  shall  keep  such  parts  thereof  as  may  reasonably 
be  required  by  the  commissioner  of  labor  properly  lighted  at  all 
hours  or  times  when  said  building  is  in  use  for  factory  purposes. 
The  term  "  owner  "  as  used  in  this  article  shall  be  construed  to 
mean  the  ovraer  or  owners  of  the  freehold  of  the  premises,  or  the 
lessee  or  joint  lessees  of  the  whole  thereof,  or  his,  her  or  their 
agent  in  charge  of  the  property.] 

5.  The  [lessee  or]|  tenant  of  any  part  of  a  tenant-factory  'build- 
ing shall  permit  the  owner,  his  agents  and  [servants,]  employees 
to  enter  and  remain  upon  the  demised  premises  whenever  and  so 
long  as  may  be  necessary  to  comply  with  the  provisions  of  law,  the 
responsibility  for  which  is  by  this  section  placed  upon  the  owner ; 
and  his  failure  or  refusal  so  to  do  shall  be  a  cause  for  dispossessing 
said  tenant  by  summary  proceedings  to  recover  possession  of  real 
property,  as  provided  in  the  code  of  civil  procedure.  j[And 
wjlf henever  by  the  terms  of  a  lease  any  [lessee  or]  tenant  [shall 
have]  has  agreed  to  comply  with  or  carry  out  any  of  such  provis- 
ions, his  failure  or  refusal  so  to  do  shall  be  a  cause  for  dispossessing 
said  tenant  by  summary  proceedings  as  aforesaid.  ][Except  as  in 
this  article  otherwise  provided  the  person  or  persons,  company  or 
corporation  conducting  or  operating  a  factory  whether  as  owner 
or  lessee  of  the  whole  or  of  a  part  of  the  building  in  which  the  same 
is  situated  or  otherwise,  shall  be  responsible  for  the  observance  and 
punishable  for  the  nonobser\'-ance  of  the  provisions  of  this  article, 
anything  in  any  lease  or  agreement  to  the  contrary  notwithstand- 
ing.] 

[§  96.  Definition  of  "  custodian."  The  word  "  custodiao  "  as 
used  in  this  article  shall  include  any  person,  organization  or  so- 
ciety having  the  custody  of  a  child.] 

Note. —  Important  changes.    All  clearly  indicated  in  text. 

AETICLE  [8]  11. 

bakeries  and  pCONPECTIONERIES-n  MANUFACTURE  OF  FOOD  PRODUCTS. 

[Section  110.     Enforcement  of  article. 

111.  Definitions. 

112.  General  requirements. 


234     Appendix  I  —  Bills  Submitted  to  the  Leqislatuee 

113.  Maintenance. 

113-a.  Prohibited  employment  of  diseased  bakers. 

114.  Inspection  of  bakeries. 

115.  Sanitary  certificates. 

116.  Prohibition  of  future  cellar  bakeries. 

117.  Sanitary  code  for  bakeries  and  confectioneries.] 
Section  295.  Definitions. 

296.  Construction. 

297.  Maintenance  and  o,peration. 

298.  Prohibited  employment  of  diseased  takers. 

299.  Respective  duties  of  owners  and  occupiers. 

500.  Manufacture  of  other  food  products. 

501.  Sanitary  certificates. 
S(02.  Cellar  hakeries. 

SOS.  Enforcement  of  article. 

§  [111]  ^95.  Definitions.  The  term  "bakery"  when  used  in 
this  chapter  means  [All]  any  buildin^[s],  room[s]  or  place[s] 
used  or  occupied  for  the  purpose  of  making,  preparing  or  baking 
bread,  biscuits,  pastry,  cakes,  doughnuts,  crullers,  noodles,  maca- 
roni or  spaghetti  to  be  sold  or  consumed  on  or  off  the  premises, 
except  [kitchens  in]  hotels,  restaurants,  boarding  houses  or  pri- 
vate residences  wherein  [such]  all  such  products  [are  prepared 
to  be  used  and]  are  used  exclusively  on  the  premises ;[,  shall  for 
the  purpose  of  this  article  be  deemed  bakeries.  The  commis- 
sioner of  labor  sball  have  the  same  powers]  and  with  respect  to 
the  provisions  of  this  chapter  relating  to  machinery,  safety  de- 
vices and  sanitary  conditions  includes  [in]  hotel  bakeries  [that 
he  has  with  respect  thereto  in  bakeries  as  defined  by  this  chapter. 
In  cities  of  the  first  class  the  health  department's  jurisdiction 
over  hotel  bakeries  shall  not  extend  to  the  machinery  safety  de- 
vices and  hours  of  labor  of  employees  therein]. 

The  term  ''  cellar  "  when  used  in  this  article  [shall]  means  a 
room  or  a  part  of  a  building  which  is  more  than  one-half  its  height 
below  the  level  of  the  curb  or  ground  outside  of  or  adjoining  the 
[building  (excluding  areaways)]  same. 

The  term  "  owner  "  [as]  when  used  in  this  article  [shall  be 
construed  to]  means  the  owner  [or  owners]  of  the  freehold  of 
the  premises,  or  the  lessee  [or  joint  lessees]  of  the  whole  thereof, 
or  [his,  her  or]  the[ir]  agent  in  charge  of  the  property. 

The  term  "  occupier  "  when  used  in  this  article  [shall  be  con- 
strued to]  means  the  person[,  firm  or  corporation]  in  actual  pos- 


Appendix  I  —  Bills  Submitted  to  the  Legislature     235 

session  of  the  premises,  who  either  himself  makes,  prepares  or 
bakes  any  of  the  articles  mentioned  in  this  section,  or  [hires  or] 
employs  others  to  do  it  for  him. 

Bakeries  are  factories  within  the  meaning  of  this  chapter,  and 
subject  to  all  the  provisions  of  article  [six]  ten  hereof. 

Note. —  The  provision  of  old  §  111  at  the  end  of  definition  of  "bakery," 
relating  to  enforcement,  covered  by  new  §  303.  Definition  of  "  cellar  "  altered 
to  conform  with  the  provision  now  in  old  §  100,  sub.  6,  and  the  decision  in 
People  V.  Butler,  125  App.  Div.  384,  interpreting  the  words  "  or  ground 
outside  of  or  adjoining  the  same." 

§  [112]  296.  [General  requirements.]  Construction.  [All 
bakeries.]  1.  Every  hakery  shall  be  provided  with  proper  and 
sufficient  drain[age]s,  [and  with  suitable]  sinks  [supplied  with], 
clean  running  water  [for  the  purpose  of  washing  and  keeping 
clean  the  utensils  and  apparatus  used  therein],  and  properly  venti- 
lated water-closets ;  and  the  water-closets  shall  he  apart  from  and 
not  open  directly  into  the  hakeroom  or  rooms  luhere  the  raw  ma- 
terial or  manufactured  product  thereof  is  stored  or  sold.  [All 
bakeries] 

2.  Every  bakery  shall  be  provided  with  [proper  and]  adequate 
windows.  [,  and  if  required  by  the  rules  and  regulations  of  the 
industrial  board,  with  v]Fentilating  hoods  and  pipes  over  ovens 
and  ashpits,  or  [with]  other  mechanical  means  [,  to  so  ventilate 
same  as]  of  ventilation  shall  also  he  provided  if  necessary,  to 
render  harmless  to  the  persons  working  therein  any  steam,  gases, 
vapors,  dust,  excessive  heat  or  [any]  impurities  that  may  be  gen- 
erated or  released  by  or  in  the  process  of  making,  preparing  or 
baking  [in  said  bakeries]. 

S.  Every  part  of  a  bakery  shall  be  at  least  eight  feet  in  height 
measured  from  the  surface  of  the  finished  floor  to  the  under  side 
of  the  ceiling  [and  shall  have  a  flooring  of  even,  smooth  cement, 
or  of  tiles  laid  in  cement,  or  a  wooden  floor,  so  laid  and  con- 
structed as  to  be  free  from  cracks,  holes  and  interstices],  except 
that  any  cellar  or  basement  of  less  [than  eight  feet  in]  height 
which  was  used  for  a  bakery  on  the  second  day  of  May,  eighteen 
hundred  and  ninety-five,  need  not  be  altered  to  conform  to  this 
provision  [with  respect  to  height ;]. 

.4.  The  flooring  shall  he  of  smooth,  even  cement,  tiles  laid  in 
cement,  or  wood,  and  shall  he  free  from  cracks,  holes  and  inter- 
stices, and  the  side  walls  and  ceilings  shall  be  [either  plastered, 
ceiled  or  wainscoted.]  properly  co7istructed  and  maintained. 
[Every  bakery  shall  be  provided  with  a  sufficient  number  of  water- 


236     Appendix  I  —  Bills  Submitted  to  the  Legislature 

closets,  and  such  water-closets  shall  be  separate  and  apart  from 
and  unconnected  with  the  bakeroom  or  rooms  where  food  products 
arc  stored  or  sold.] 

§  [113]  297.  Maintenance  and  operation.  1.  All  floors,  walls, 
stairs,  shelves,  furniture,  utensils,  yards,  areaways[,]  and  plumb- 
ing [drains  and  sewers],  in  or  in  connection  with  bakeries,  or  in 
bakery  water-closets  and  wash-rooms,  or  rooms  where  raw  mate- 
rial[s  are  stored,]  or  [in  rooms  where]  the. manufactured  product 
is  stored  or  sold,  shall  [at  all  times]  be  kept  in  good  repair,  [and 
maintained]  in  a  clean  and  sanitary  condition,  and  free  from  all 
[kinds  of]  vermin.  All  furniture,  troughs  and  utensils  shall  he 
so  constructed  and  arranged  as  not  to  prevent  cleaning  them  or 
any  part  of  the  bakery.  All  interior  woodwork,  walls  and  ceilings 
shall  be  kept  properly  painted  [or  limewashed]  except  when 
otherwise  properly  finished,  [once  every  three  months,  where  so 
required  by  the  commissioner  of  labor.     Proper  s] 

2.  /Sanitary  receptacles  shall  be  provided  and  used  for  [stor- 
ing] coal,  ashes,  refuse  and  garbage[.]^  [Receptacles  for  refuse 
and  garbage  shall  have  their]  and  the  contents  of  the  receptacles 
for  refuse  and  garbage  shall  be  removed  from  bakeries  daily  and 
such  receptacles  shall  be  maintained  in  a  clean  and  sanitary 
condition  at  all  times[;  the  use  of  tobacco  in  any  form  in  a 
bakery  or  room  where  raw  material  or  manufactured  product 
of  such  bakery  is  stored  is  prohibited.  No  person  shall 
sleep,  or  be  permitted,  allowed  or  suffered  to  sleep  in  a 
bakery,  or  in  any  room  where  raw  material  or  the  manu- 
factured product  of  such  bakery  is  stored  or  sold,  and  no 
domestic  animals  or  birds,  except  cats  shall  be  allowed  to 
remain  in  any  such  rooms].  Mechanical  means  of  ventilation, 
when  provided,  shall  be  effectively  used  and  operated.  Windows, 
doors  and  other  openings  shall  be  provided  with  proper  screens. 
[All  employees,  while  engaged  in  the  manufacture  and  handling 
of  bread  shall  wear  slippers  or  shoes  and  suits  of  washable  material 
which  shall  be  used  for  that  purpose  only  and  such  garments  shall 
be  kept  clean  at  all  times.]  Lockers  shall  be  provided  for  the 
street  clothes  of  the  employees.  [The  furniture,  troughs  and 
utensils  shall  be  so  arranged  and  constructed  as  not  to  prevent  their 
cleaning  or  the  cleaning  of  every  part  of  the  bakery.] 

S.  No  person  shall  use  or  be  pdmiiited  to  use  tobacco  in  any 
form  in  a  bahery  or  room  where  the  raw  material  or  manufactured 
product  of  sUfCh  bahery  is  stored  or  sold. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     237 

Jf..  No  person  shall  sleep  or  he  permitted  to  sleep  and  no  do- 
mestic animals^  except  cats,  and  no  birds  shall  he  allowed  to  re- 
main in  a  hakery  or  room  where  the  raw  material  or  manufactured 
product  of  such  hakery  is  stored  or  sold. 

5.  Every  person,  while  engaged  in  the  manufacture  and  hand- 
ling of  hread  or  other  products  of  the  hakery,  shall  wear  a  clean 
suit,  which  shall  he  made  of  washable  material  and  u^ed  for  that 
work  only,  and  clean  shoes  or  slippers. 

Note. —  No  change  in  substance  except  sub.  6,  in  which  words  "  or  other 
products  of  the  bakery  "  are  new. 

§  [113-a.]  298.  Prohibited  employment  of  diseased  bakers. 
No  person  wbo  has  any  communicable  disease  shall  work  or  be 
permitted  to  work  in  a  bakery.  Whenever  required  by  a  medical 
inspector  of  the  department  [of  labor],  any  person  [em- 
ployed] working  in  a  bakery  shall  submit  to  a  physical  examina- 
tion by  such  inspector.  No  person  who  refuses  to  submit  to  such 
examination  shall  during  the  period  of  such  refusal  work  or  be 
permitted  to  work  in  a[ny]  bakery. 

[§  114.  Inspection  of  bakeries.  It  shall  be  the  duty  of  t] 
§  299.  Respective  duties  of  owners  and  occupiers.  The  owner  [of 
a  building  wherein  a  bakery  is  located  to]  shall  comply  with 
[all  the  provisions  of]  section  [one  hundred  and  twelve  of  this 
article,]  two  hundred  and  ninety-six  and  [of]  the  occupier  [to] 
shall  comply  with  [all  the  provisions  of]  sections  [one 
hundred  and  thirteen  of  this  article,]  two  hundred  and 
ninety-seven  and  two  hundred  and  ninety-eight  unless  by  the 
terms  of  a  valid  lease  [the  responsibility  for  compliance 
therewith  has  been  undertaken  by]  the  other  party  [to 
the  lease]  thereto  has  undertaken  to  comply  with  any  provision 
of  such  sections,  and  a  duplicate  original  lease,  containing  such 
obligation,  [shall]  ha[ve]s  been  previously  filed  in  the  office 
of  the  commissioner  [of  labor],  in  which  event  the  party  as- 
suming the  responsibility  shall  be  responsible  for  [such]  com- 
pliance. [The  commissioner  of  labor  may,  in  his  discretion, 
apply  any  or  all  of  the  provisions  of  this  article  to  a  factory  lo- 
cated in  a  cellar  wherein  any  food  product  is  manufactured,  pro- 
vided that  basements  or  cellars  used  as  confectionery  or  ice-cream 
manufacturing  shops  shall  not  be  required  to  conform  to  the  re- 
quirement as  to  height  of  rooms.  Such  establishments  shall  be 
not  less  than  seven  feet  in  height,  except  that  any  cellar  or  base- 
ment so  used  before  October  first,  nineteen  hundred  and  six,  which 


238     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

is  more  than  six  feet  in  hoiglit  need  not  be  altered  to  conform  to 
this  provision. 

If  on  inspection  the  commi^siouer  of  labor  find  a  bakery  or 
any  part  thereof  to  be  so  unclean,  ill-drained  or  ill-ventilated  as 
to  be  unsanitary,  he  may,  after  not  less  than  forty-eight  hours' 
notice  in  writing,  to  be  served  by  affixing  the  notice  on  the  inside 
of  the  main  entrance  door  of  said  bakery,  order  the  person  found 
in  charge  thereof  immediately  to  cease  operating  it  until  it  shall 
be  properly  cleaned,  drained  or  ventilated.  If  such  bakery  be 
thereupon  continued  in  operation  or  be  thereafter  operated  before 
it  be  properly  cleaned,  drained  or  ventilated,  the  commissioner  of 
labor  may,  after  first  making  and  filing  in  the  public  records  of 
his  office  a  written  order  stating  the  reasons  therefor,  at  once  and 
without  further  notice  fasten  up  and  seal  the  oven  or  other  cook- 
ing apparatus  of  said  bakery,  and  afiix  to  all  materials,  recep- 
tacles, tools  and  instruments  found  therein,  labels  or  conspicuous 
signs  bearing  the  word  "  unclean."  No  one  but  the  commissioner 
of  labor  shall  remove  any  such  seal,  label  or  sign,  and  he  may  re- 
fuse to  remove  it  until  such  bakery  be  properly  cleaned,  drained 
or  ventilated.] 

§  300.  Manufacture  of  other  food  products.  1.  Every  fac- 
tory wherein  any  food  product  is  manufactured  shall  he  kept  in 
a  sanitary  condition  and  properly  lighted  and  ventilated,  and  the 
food  product  prepared  therein  shall  be  protected  from  contaminor 
tion. 

2.  Every  basement  or  cellar  used  as  a  confectionery  or  ice-cream 

manufacturing  shop  shall  be  ^ot  less  than  seven  feet  in  height 

measured  from  the  surface  of  the  finished  floor  to  the  underside 

of  the  ceiling,  except  that  any  cellar  or  basement  which  is  more 

than  six  feet  in  height  and  was  so  used  before  the  first  day  of 

October,  nineteen  hundred  and  six,  need  not  be  altered  to  conform 

to  this  provision. 

Note. —  Sub.  1  is  a  revision  of  the  first  sentence  of  §  117;  sub.  2,  a  revision 
of  the  second  and  third  sentences  of  old  §  114. 

§  [115]  301.  Sanitary  certificates.  1.  K'o  person^,  firm  or 
corporation]  shall  establish^,  maintain]  or  operate  a  bakery  with- 
out [obtaining]  a  sanitary  certificate  [from  the  department  of 
labor].  The  certificate  shall  be  kept  posted  in  a  conspicuous  place 
in  the  bakery. 

2.  Application  for  [such]  a  certificate  shall  be  made  to  the 
commissioner  [of  labor]  by  the  occupier  [of  the  bakery]  or  [by] 


Appendix  I  —  Bills  Submitted  to  the  Legislatube     239 

the  person  £,  firm  or  corporation]  desiring  to  establish  or  [con- 
duct] operate  [such]  the  bakery.  The  application  [for  a  sani- 
tary certificate]  shall  be  made  [in  such  form  and  shall  contain 
such  information  as  the  commissioner  of  labor)  may  require. 
Blank  applications  for  such  certificate  shall  be]  upon  blanks  pre- 
pared and  furnished  by  the  commissioner  [of  labor]. 

[2.  Upon  the  receipt  of  such  application  for  a  sanitary  certifi- 
cate,] 

S.  Before  issuing  a  certificate  the  commissioner  [of  labor]  shall 
[cause  an]  inspect[ion  to  be  made  of]  the  building,  room  or 
place  described  in  the  application.  If  the  bakery  conforms  to  the 
provisions  of  articles  [six  and  eight]  ten  and  eleven  [of 
this  chapter]  and  the  rules  [and  regulations]  of  the  industrial 
board,  or  in  any  city  of  the  first  class  if  the  bakery  conforms  to 
the  provisions  of  article  [eight]  eleven  [of  this  chapter],  and 
[to]  the  sanitary  code  and  the  rules  [and  regulations]  of  the  de- 
partment of  health  of  any  such  city,  the  commissioner  [of  labor], 
shall  issue  a  sanitary  certificate  for  such  bakery[.  Such  certifi- 
cate shall  be]  for  a  period  of  one  year  and  shall  [be]  renew[ed] 
it  annually  unless  [by  the  commissioner  of  labor  if]  upon  a  re- 
inspection  of  the  bakery  it  is  found  not  to  comply  with  the  afore- 
said provisions  and  [regulations]  rules,  [Every  certificate 
granted  under  the  provisions  of  this  chapter  shall  be  posted  in  a 
conspicuous  place  in  the  bakery  for  which  such  certificate  is 
issued.] 

[3.  Such]  Jf-  The  certificate  may  be  revoked  or  suspended  [at 
any  time]  by  the  commissioner  [of  labor]  if  the  health  of  the 
community  or  of  the  employees  of  the  bakery  requires  such  ac- 
tion, or  if  an  order  of  the  [department  issued  under  the  pro- 
visions of  this  chapter  be]  commissioner  is  not  complied  with 
within  fifteen  days  after  the  service  thereof  upon  the  person[, 
firm  or  corporation]  charged  with  the  duty  of  compl[ying  with 
such  order]mnce.  The  time  for  [such]  compliance  may  be  ex- 
tended by  the  commissioner  [of  labor]  for  good  cause  shown,  but 
a  statement  of  the  reasons  for  such  extension  shall  be  filed  in  [the 
office  of  the  department  of  labor  as  part  of]  the  public  records 
[thereof]  of  his  office.  [Nothing  contained  in  this  subdivision 
shall  be  construed  to  limit  in  any  way  the  power  of  the  commis- 
sioner of  labor  to  seal  up  an  unsanitary  bakery  as  provided  in  sec- 
tion one  hundred  and  fourteen  of  this  chapter.] 


240     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

134:]  5.  If  an  application  for  a  [sanitary]  certificate  [bo] 
is  denied  or  if  [such]  a  certificate  [be]  is  revoked  or  suspended 
by  the  commissioner  [of  labor],  he  shall  file  in  [the  ofiiee  of  the 
department  of  labor  as  part  of]  the  public  records  of  his  office 
[thereof],  a  statement  [in  writing  setting  forth]  in  detail  of  the 
reasons  for  [such  denial  or  revocation.]  his  action. 

[5.  Applications  for  sanitary  certificates  for  existing  bakeries 
shall  be  made  within  four  months  after  this  act  takes  effect,  and 
no  such  bakery  shall  be  conducted  or  operated  without  a  sanitary 
certificate  from  the  department  of  labor  after  the  first  day  of 
January,  nineteen  hundred  and  fourteen.  In  the  case  of  bakeries 
hereafter  established,  the  application  for  a  sanitary  certificate 
shall  be  made  within  ten  days  after  such  bakery  shall  commence 
business,  and  no  such  bakery  shall  be  conducted  or  operated  with- 
out a  sanitary  certificate  for  more  than  thirty  days  after  com- 
mencing business.] 

6.  If  a  bakery  has  no  [sanitary]  certificate  as  herein  re- 
quired or  if  such  certificate  has  been  revoked  or  suspended^  the 
commissioner  [of  labor  shall]  may,  after  first  making  and  filing 
in  the  public  records  of  his  office  an  [written]  order  stating  the 
reasons  therefor,  [at  once  and]  without  further  notice  fasten  up 
and  seal  the  oven  or  other  cooking  apparatus  of  said  bakery,  and 
may  affix  to  all  materials  and  utensils  in  the  hahery  conspicuous 
labels  or  signs  bearing  the  word  "  unclean."  No  one  but  the  com- 
missioner of  labor  or  his  duly  authorized  representative  shall 
remove  or  deface  any  such  seal,  label  or  sign,  and  he  shall  not  re- 
move [same]  it  until  a  [sanitary]  certificate  [has  been]  is 
issued  or  reissued  to  [such]  the  bakery. 

§  [116]  S02.  [Prohibition  of  future  c]  Cellar  bakeries.  1. 
No  bakery  shall  hereafter  be  located  in  a  cellar,  [and  a  sanitary 
certificate  shall  not  be  issued  for  any  bakery  so  located,  unless 
such  bakery]  which  does  not  conform  to  all  the  provisions  of  this 
section,  unless  a  certificate  of  exemption  has  been  issued  to  the 
otvner  under  the  provisions  of  the  law  in  effect  on  or  before  the 
twenty-eighth  day  of  February,  nineteen  hundred  and  fourteen. 

2.  The  cellar  shall  be  at  least  ten  feet  in  height  measured  from 
the  surface  of  the  finished  floor  to  the  under  side  of  the  ceiling 
[,  and  i].  li  the  bakery  is  located  [or  intended  to  be  located] 
entirely  in  the  front  part  of  the  building,  the  ceiling  of  the  bakery 
shall  be  not  less  than  [in  every  part  at  least]  four  feet  six  inches 
above  the  curb  level  of  the  street  in  front  of  the  building,  or  if 


AppEiVDix  I  —  Bills  Submitted  to  the  Legislatuee     241 

[such  bakery  is  located  or  intended  to  bej  located  entirely  in  the 
rear  part  of  the  building  or  [to]  extendm^  from  the  front  to  the 
rear,  the  ceiling  [of  the  bakery]  shall  be  not  less  than  one  foot 
above  the  curb  level  of  the  street  in  front  of  the  building  and  the 
bakery  shall  open  upon  a  yard  or  courts  which  shall  extend  at 
least  six  inches  below  the  floor  level  of  the  bakery. 

S.  [,  nor  unless  proper  and  a]  Adequate  provision  shall  be  made 
for  the  lighting  and  ventilation  of  such  bakery  and  for  the  proper 
construction  of  the  floor,  walls  and  ceiling  thereof,  and  the  hahery 
shall  be  constructed  in  accord  with  plans  and  specifications  [for 
the  construction  and  establishment  of  such  bakery],  prepared  in 
such  form  [and  covering  such  matters]  as  the  commissioner  [of 
labor]  may  require,  [shall]  which  have  been  [first]  submitted 
to  and  approved  by  the  commissioner  [of  labor].  [This  prohi- 
bition shall  not  apply  to  a  cellar  used  and  operated  as  a  bakery 
at  any  time  within  one  year  prior  to  the  date  of  the  passage  of 
this  act,  provided  that  satisfactory  proof  of  its  use  as  a  bakery  as 
herein  specified  be  furnished  to  the  commissioner  of  labor  in  such 
form  as  he  may  require  within  six  months  after  this  act  shall  take 
effect,  nor  shall  it  apply  to  the  cellar  of  a  building  in  the  course 
of  construction  on  the  ninth  day  of  May,  nineteen  hundred  and 
thirteen,  nor  to  the  cellar  of  a  building  the  construction  of  which 
was  commenced  after  the  first  day  of  January,  nineteen  hundred 
and  thirteen,  and  completed  on  or  before  the  ninth  day  of  May, 
nineteen  hundred  and  thirteen,  provided  that  such  cellar  be  used 
and  operated  as  a  bakery  at  any  time  prior  to  the  first  day  of 
January,  nineteen  hundred  and  fourteen,  and  that  satisfactory 
proof  of  the  time  of  the  construction  of  such  building  and  of  the 
use  of  the  cellar  as  a  bakery  as  herein  specified  be  furnished  to 
che  commissioner  of  labor,  in  such  form  as  he  may  require,  on  or 
before  the  twenty-eighth  day  of  February,  nineteen  hundred  and 
fourteen.  Upon  receipt  of  such  proof  the  commissioner  of  labor 
shall  issue  to  the  owner  of  the  building  in  which  such  cellar  is 
located,  a  certificate  of  exemption.] 

^f.  This  section  shall  not  prevent  the  [local]  health  [authori- 
ties] departments  in  [any]  cit[y]tes  of  the  first  class  from 
exercising  any  power  of  regulation  now  or  hereafter  vested  in 
them. 

[§  117.  Sanitary  code  for  bakeries  and  confectioneries.  All 
factories  wherein  any  food  product  is  manufactured  shall  be  kept 
in  a  thoroughly  sanitary  condition  and  shall  be  properly  lighted 


242     Appendix  I, —  Bills  Submitted  to  the  Leqislatuke 

and  ventilated,  and  all  necessary  methods  shall  be  employed  to 
protect  the  food  product  prepared  therein  from  contamination. 
The  industrial  board  may  adopt  rules  and  regulations  for  carry- 
ing into  effect  the  provisions  of  this  article.  Such  rules  and  regu- 
lations shall  be  known  as  the  sanitary  code  for  bakeries  and  con- 
fectioneries and  shall  not  apply  to  cities  of  the  first  class.] 

§  [110]  SOS.  Enforcement  of  article.  [In  every  city  of  the 
first  class  the  health  department  of  such  city  shall  have  exclusive 
jurisdiction  to  enforce  the  provisions  of  this  article.  In  the  ap- 
plication of  any  provision  of  this  article  to  any  city  of  the  first 
class,  the  words  "  commissioner  of  labor  "  or  "  department  of 
labor  "  shall  be  understood  to  mean  the  health  department  of  such 
city.]  1.  The  commissioner  shall,  except  in  cities  of  the  first  class^ 
enforce  the  provisions  of  this  article. 

2.  In  cities  of  the  first  class,  the  health  departments  thereof 
shall  enforce  the  provisions  of  this  article,  and  for  that  purpose 
shall  possess  all  powers  conferred  by  this  chapter  upon  the  com- 
missioner, the  industrial  hoard,  or  any  officer  of  the  department 
of  labor. 

S.  The  rules  of  the  industrial  hoard  made  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  article  shall  not  apply 
in  cities  of  the  first  class. 

ARTICLE  12. 

TENEMENT-MADE  ARTICLES. 

Section  310.  Definitions. 

511.  Article  not  to  apply  to  certain  shops  in  tenements. 

512.  Tenement  house  license. 

SIS.  Manufacturing  of  certain  articles  in  tenements  pro- 
hibited. 

SlJf..  Work  in  cellars  prohibited. 

SI 5.  Prohibition  of  manufacturing  by  persons  other  than 
members  of  the  family. 

SI  6.  Cleanliness  and  ventilation. 

517.  Articles  not  to  he  manufactured  in  tenements  in 

which  there  is  disease. 

51 8.  Articles  unlawfully  manufactured  not  to  he  sold. 

519.  Articles  unlawfully  manufactured  to  be  labeled. 

520.  Register  of  persons  to  whom  work  is  given;  identifi- 

cation label. 

521.  Manufacturing  in  unclean  tenements  prohibited. 


Appendix  I  —  Bills  Submitted  to  the  Legislatuee     243 

522.  Owners  of  tenement  houses  not  to  permit  the  unlaw- 

ful use  thereof. 

523.  Powers  and  duties  of  hoards  of  health, 
S2^.  Issuance  of  tenement  house  licenses. 

325.  Dressmakers'  permit. 

326.  Permit  to  give  out  goods  to  a  tenement  house. 

%  SIO.  Definitions.  The  term  "  tenement  house"  when  u^ed 
in  this  article,  means  any  hou^e  or  building  or  portion  thereof, 
which  is  rented,  leased,  let  or  hired  out,  to  he  occupied, 
or  is  occupied  in  whole  or  in  part  as  the  home  or  residence  of 
three  families  or  more  living  independently  of  each  other,  and 
doing  their  cooking  upon  the  premises,  and  includes  apartment 
houses,  flat  houses  and  all  other  houses  so  occupied,  and  includes 
any  building  which  is  on  the  same  lot  with  any  such  tenement 
house  and  is  v,sed  for  any  purpose  specified  in  section  three  hun- 
dred and  twelve. 

The  terms  "  manufacture  "  and  "  manufactured  "  when  used  in 
this  article  include  preparing,  altering,  repairing  or  finishing  in 
whole  or  part. 

Note. —  Definition  of  "  tenement  house  "  taken  from  old  §  2.  Definition  of 
"  manufacture  "  and  "  manufactured  "  new,  to  obviate  the  necessity  of  repeti- 
tion throughout  the  article. 

§  311.  Article  not  to  apply  to  certain  shops  in  tenements.  This 
article  does  not  apply  to  a  tenement  house  if  the  only  manufac- 
turing therein  is  carried  on  in  a  shop  which  is  on  the  main  or 
ground  floor,  has  a  separate  entrance  to  the  street,  is  unconnected 
with  any  living  rooms,  is  entirely  separated  from  the  rest  of  the 
building  by  solid  partitions,  and  is  not  used  for  sleeping  or  cook- 
ing. 

Note. —  Takes  the  place  of  the  last  sentence  of  old  §  100,  sub.  6. 

§  312.  Tenement  house  license.  No  room  or  apartmerd  of  a 
tenement  house  shall  be  used  for  the  purpose  of  manufacturing 
therein  any  articles  except  collars,  cuffs,  shirts  or  shirtwaists  made 
of  cotton  or  linen  fabrics  and  laundered  before  being  offered  for 
sale  and  except  articles  for  the  exclusive  use  of  the  persons  living 
in  such  room  or  apartment,  unless  a  license  for  the  tenement  house 
has  been  issued  by  the  commissioner  under  section  three  hundred 
and  twenty-four. 

Note.—  Takes  the  place  of  old  §  100,  sub.  1. 


244     Appendix  I  —  Bills  Submitted  to  the  Legislature 

§  SI  3.  Manufdcturing  of  certain  articles  in  tenements  pro- 
hibited. No  article  of  food,  no  dolls  or  dolls'  clothing  and  no 
article  of  children's  or  infants'  wearing  apparel  shall  he  manw- 
factured  for  a  factory,  either  directly  or  through  one  or  more 
contractors  or  other  third  persons,  in  any  apartment  of  a  tenement 
house  if  any  part  of  such  apartment  is  used  for  living  purposes. 

Note. —  Takes  the  place  of  old  §  104. 

§  SIJ)..  WorTc  in  cellars  prohibited.  No  articles  shall  be  manu- 
factured in  a  cellar  of  a  tenement  house  which  is  more  than  on£- 
half  of  its  height  below  the  level  of  the  curb  or  ground  outside  of 
or  adjoining  the  same,  unless  a  certificate  of  exemption  has  been 
issued  under  chapter  four  hundred  and  sixty-three  and  chapter 
seven  hundred  and  ninety-seven  of  the  laws  of  nineteen  hundred 
and  thirteen. 

Note. —  Takes  the  place  of  the  second  sentence  of  old  §  100,  sub.  6. 

§  S15.  Prohibition  of  manufacturing  by  persons  other  than 
members  of  the  family.  No  person  shall  manufacture  any  articles 
in  any  room  or  apartment  of  a  licensed  tenement  house  unless  he 
is  a  member  of  a  family  living  in  such  room  or  apartment  and 
himself  resides  therein.  This  section  does  not  apply  to  shops  of 
dressmakers  dealing  solely  in  the  customs  trade  direct  to  the 
consumer,  if  the  whole  number  of  persons  living  or  worTcing 
therein  does  not  exceed  one  to  each  one  thousand  cuhic  feet  of  air 
space,  if  no  children  under  fourteen  years  of  age  live  or  work 
therein  and  if  a  permit  for  the  employment  of  such  persons  has 
been  issued  under  section  three  hundred  and  twenty-five. 

Note. —  Takes  the  place  of  the  last  half  of  the  fourth  sentence  of  old  §  100, 
sub.  6.  Change  in  substance:  The  section  does  not  apply  to  dressmakers'  shops 
on  any  floor  instead  of  only  on  the  ground  or  second  floor  as  in  old  law. 

§  SI 6.  Cleanliness  and  ventilation.  Every  licensed  tenement 
hou^e  and  all  parts  thereof  shall  be  kept  in  a  clean  and  sanitary 
condition  and  every  room  in  which  articles  are  manufactured  shall 
be  properly  lighted  and  ventilated  and  shall  contain  at  least  five 
hundred  cuhic  feet  of  air  space  for  every  person  working  therein. 
All  articles  manufactured  therein  shall  be  kept  clean  and  free 
from  vermin  and  all  matter  of  an  infectious  or  contagious  nature. 

Note. —  Composed  of  the  first  sentence  of  old  §  100,  sub.  5,  and  the  fourth 
sentence  of  §  100,  sub.  6. 


Appendix  I  —  Bills  Submitted  to  the  Legislature     245 

§  Sn.  Articles  not  to  he  manufactured  in  tenements  in  which 
there  is  disease.  No  articles  shall  be  manufactured  in  any  room  or 
apartment  of  tenement  house  in  which  room  or  apartment  there  is 
or  has  been  any  infectious,  contagious  or  communicable  disease 
until  such  time  as  the  local  department  or  board  of  health  certifies 
to  the  commissioner  that  such  disease  has  terminated,  and 
that  the  room  or  apartment  has  been  properly  disinfected,  if  disin- 
fection after  such  disease  is  required  by  the  local  ordinances,  or 
by  the  rules  or  regulations  of  such  department  or  board. 
Note. —  Taken  from  old  §  100,  sub.  6. 

§  S18.  Articles  unlawfully  manufactured  not  to  be  sold.  No 
person  shall  sell  or  expose  for  sale  any  articles  manufactured  in 
a  tenement  house  contrary  to  the  provisions  of  this  chapter. 

Note. —  Takes  the  place  of  the  first  sentence  of  old  §  102. 

§  319.  Articles  unlawfully  manufactured  to  he  laheled.  If  the 
commissioner  finds  any  articles  manufactured  in  a  tenement  house 
contrary  to  the  provisions  of  this  article  or  of  section  one  hundred 
and  sixty  of  this  chapter,  he  shall  affix  to  such  articles  a  label  con- 
taining the  words  "  tenement  made."  If  the  label  is  affixed  because 
of  the  existence  of  any  disease  in  such  tenement  house,  he  shall  im- 
mediately notify  the  local  board  of  health  which  shall  disinfect 
such  articles  and  after  disinfection  remove  the  label.  If  the  label 
is  affixed  for  the  violation  of  any  provision  other  than  that  relat- 
ing to  disease,  the  commissioner  may  seize  and  destroy  such 
articles  unless  the  owner  thereof  shall  remove  the  cause  of  the 
violation  within  thirty  days  after  notice  of  such  seizure  is  given 
by  the  commissioner. 

Note. —  Takes  the  place  of  old  §  102,  except  the  first  sentence  and  of  the 
first  two  sentences  of  old  §  103. 

§  320.  Register  of  persons  to  whom  worJc  is  given:  Identificor 
tion  label.  Every  employer  conducting  a  factory  from  which 
articles  or  materials  are  giveyi  out  to  he  manufactured  in  a  tene- 
ment house  shall  keep  a  register  of  the  names  and  addresses  of 
the  persons  to  whom  such  articles  or  materials  are  given  and  shall 
issue  with  all  such  articles  or  materials  a  label  bearing  the  name 
and  place  of  business  of  such  factory  written  or  printed  in  English. 
Such  label  shall  be  exhibited  on  the  demand  of  the  commissioner 
at  any  time  while  such  articles  or  materials  remain  in  the  tenement 
house. 

Note. —  Takes  the  place  of  the  first  and  last  sentences  of  old  §  101. 


246     Appendix  I  —  Bills  Submitted  to  the  Legislature 

§  S21.  Manufacturing  in  unclean  tenements  prohibited.    Wheiv- 

ever  the  commissioner  finds  that  any  articles  are  manufactured 

in  any  room  or  upartment  of  a  tenement  house  which  is  habitually 

kept  in  a  filthy  condition,  he  may  affix  to  the  entrance  door  of  such 

apartment  a  police  calling  attention  to  such  facts  and  prohibiting 

the  manufacture  of  any  articles  therein.     No  person,  except  an 

authorized  representative  of  the  department,  shall  remove  or  der 

face  any  such  notice. 

Note. —  Takes  the  place  of  the  last  half  of  the  last  sentence  of  old  §  100, 
Bub.  5. 

§  S22.  Owners  of  tenement  houses  not  to  permit  the  unlaiuful 
use  thereof.  The  owner  or  agent  of  u  tenement  house  shall  not 
permit  the  use  thereof  for  the  purpose  of  manufacturing  any 
article  therein  contrary  to  the  provisions  of  this  article.  If  a  room 
or  apartment  of  a  tenement  house  is  so  unlawfully  used,  the  com- 
missioner shall  serve  a  notice  thereof  upon  the  owner  or  agent. 
Unless,  within  fifteen  days  after  the  service  of  the  notice,  such 
owner  or  agent  causes  such  unlawful  use  to  be  discontinued  or  in- 
stitutes and  faithfully  prosecutes  proceedings  for  dispossession  of 
the  occupant  who  unlawfully  uses  such  tenement  house,  he  shall 
he  deemed  guilty  of  a  violation  of  this  article  as  if  he,  himself, 
were  engaged  in  such  unlawful  use.  Such  unlawful  use  by  the 
occupant  of  a  tenement  house  shall  be  a  cause  for  dispossession  of 
such  occupant,  by  summary  proceedings  to  recover  possession  of 
real  property  as  provided  in  the  code  of  civil  procedure. 

Note. —  Takes  the  place  of  old  §  105.  The  ten-day  period  is  merged  with 
the  fifteen-day  period. 

§  S2S.  Powers  and  duties  of  boards  of  health.  The  local  health 
department  or  board  in  every  city,  town  and  village  whenever 
there  is  any  infectious,  contagious  or  communicable  disease  in  a 
tenement  house  shall  cause  an  inspection  of  such  tenement  house 
to  be  made  within  forty-eight  hours.  If  any  articles  are  found  to 
bs  manufactured,  or  in  process  thereof  in  an  apartment  in  which 
such  disease  exists,  such  board  shall  issue  such  order  as  the  public 
health  may  require,  and  shall  at  once  report  such  facts  to  the 
commissioner.  Such  board  may  condemn  and  destroy  all  infected 
articles  manufactured  or  in  the  process  of  manufacture  under 
unclean  or  unhealthful  conditions.  The  local  health  department 
or  board  or  other  appropriate  authority  charged  with  the  duty  of 
sanitary  inspection  of  such  houses  in  every  city,  town  and  village 


Appendix  I  —  Bills  Submitted  to  the  Legislature     247 

shall,  when  so  requested  by  the  commissioner,  furnish  copies  of 
its  records  as  to  the  presence  of  infectious,  contagious  or  com- 
municable disease,  or  of  unsanitary  conditions  in  said  houses; 
and  shall  furnish  such  other  information  as  may  be  necessary  to 
enable  the  commissioner  to  carry  out  the  provisions  of  this  article. 

Note. —  Takes  the  place  of  old  §  103  except  the  first  two  sentences. 

§  S2j^.  Issuxince  of  tenement  house  licenses.  1.  An  application 
for  a  license  to  permit  the  use  of  a  tenement  house  for  manufactur- 
ing shall  be  made  to  the  commissioner  by  the  owner  of  the  tene- 
ment house  or  his  duly  authorized  agent.  Such  application  shall 
he  made  upon  blanks  prepared  and  furnished  by  the  commissioner 
and  shall  state  the  location  of  the  house,  the  number  of  apartments 
in  such  house  and  the  name  and  address  of  the  owner. 

2.  Before  issuing  a  license,  the  commissioner  shall  consult  the 
records  of  the  local  health  department  or  board  and  other 
appropriate  local  authority  charged  with  the  duty  of  sanitary  in- 
spection of  such  tenements.  If  such  records  show  the  presence  of 
any  infectious,  contagious  or  communicable  disease,  or  any  un- 
sanitary condition  in  such  tenement  house,  the  commissioner  shall 
refuse  to  issue  such  license  until  such  records  show  that  the  tene- 
ment house  is  free  therefrom.  Before  issuing  such  license,  the 
commissioner  shall  also  inspect  the  tenement  house  sought  to  be 
licensed.  If  the  commissioner  finds  that  such  tenement  house  con- 
forms to  all  th^  requirements  of  this  article  and  if  the  records  of 
the  local  health  department  or  board  or  other  appropnate  local 
authority  show  the  existence  of  no  infectious,  contagious  or  com- 
municable disease  or  unsanitary  condition,  he  shall  grant  a  license. 

3.  Such  license  may  be  revoked  by  the  commissioner  if,  in  his 
opinion,  the  provisions  of  this  article  or  of  section  one  hundred  and 
sixty  of  this  chapter  have,  since  the  issuance  of  the  license,  been 
or  are  being  violated.  Whenever  a  license  is  revoked  or  denied  by 
the  commissioner,  the  reasons  therefor  shall  be  stated  in  writing 
and  filed  in  his  office.  Where  a  license  is  revoked,  a  new  license 
must  be  obtained  before  such  tenement  house  can  again  be  used 
for  the  purposes  for  which  a  license  is  required. 

Note. —  Take  the  place  of  old  §  100,  subs.  2,  3  and  4. 

§  325.  Dressmaker^  permit.  Before  issuing  a  permit  to  a  dress- 
maker as  provided  in  section  three  hundred  and  fifteen  the  com- 
missioner shall  inspect  the  premises  for  which  a  permit  is  sought 
and  if  he  finds  that  such  place  conforms  to  all  the  requirements 


248     Appendix  I  —  Bills  Submitted  to  the  Legislature 

of  this  article,  he  shall  issue  a  permit  therefor.     Such  permit  may 

be  revoked  by  the  commissioner  if  there  exists  any  violation  of  the 

provisions  of  this  article  or  of  section  one  hundred  and  sixty  of 

this  chapter. 

Note. —  Provides  for  the  issuance  of  a  permit  called  for  by  the  last  half  of 
the  fourth  sentence  of  old  §  100,  sub.  6. 

§  326.  Permit  to  give  out  goods  to  a  tenement  house.  No  person 
shall  hire,  employ  or  contract  with  any  person  to  manufacture 
any  articles  in  any  room  or  apartment  of  a  tenement  hou^e  which 
is  not  licensed  as  provided  in  this  article.  No  articles  or  materials 
shall  be  given  out  to  be  manufactured  in  any  tenement  hou^e  for 
a  factory  unless  the  employer  conducting  such  factory  shall  secure 
a  permit  therefor  from  the  commissioner  who  shall  issue  such 
permit  to  any  such  person  applying  therefor.  Such  permit  may  he 
revoked  or  suspended  by  the  commissioner  whenever  any  pro- 
vision of  this  article  or  of  section  seventy  of  this  chapter  is  vio- 
lated in  connection  with  any  work  for  such  factory.  Such  permit 
may  be  reissued  or  reinstated  in  the  discretion  of  the  commis- 
sioner when  such  violation  has  ceased.  No  articles  shall  be  manu- 
factured in  any  tenement  house  for  any  factory  for  which  no  per- 
mit has  been  issued  or  for  any  factory  whose  permit  is  suspended 
or  revoked. 

Note.— Takes  the  place  of  the  second  sentence  of  old  §  101.  See  also  old 
§  106. 

[ARTICLE  XIL 

EMPLOYMENT  OF  WOMEN  AND  CHILDREN  IN  MERCANTILE 
ESTABLISHMENTS. 

Section  160.     Application  of  article. 

161.  Hours  of  labor  of  minors. 
161-a.  Hours  of  labor  of  messengers. 

162.  Employment  of  children. 

163.  Employment  certificate;  how  issued. 
164r.     Contents  of  certificate. 

165.  School  record,  what  to  contain. 

166.  Supervision  over  issuance  of  certificates. 

167.  Registry  of  children  employed. 

168.  Washrooms  and  waterclosets. 

169.  Lunch  rooms. 

170.  Seats  for  women  in  mercantile  establishments. 

171.  Employment  of  women  and  children  in  basements. 

172.  Enforcement  of  article. 

173.  Laws  to  be  posted.] 


Appendix  I  —  Bills  Submitted  to  the  Legislature     249 
ARTICLE  13. 

MERCANTILE  ESTABLISHMENTS, 
TITLE  I.      SANITATION. 

Section  335.  Cleanliness  of  rooms. 

336.  Cleanliness  of  buildings. 

337.  Drinking  water. 

338.  Washrooms. 

339.  Dressing  rooms. 
SJfO.  Lunchrooms. 
3Jfl.  Water  closets. 
3Jf2.  Ventilation. 

34.3.  Employment  of  children  and  females  in  basements. 

TITLE  II.     FIRE  HAZARD. 

Section  350.  Fire  hazard. 

351.  Smoking  prohibited. 

TITLE  III.     GENERAL. 

Section  360.  Contribution  to  benefit  or  insurance  fund, 
361.  Duties  of  owners  and  occupiers. 

TITLE  I.     SANITATION. 

§  [1^^]  ^^^-  Cleanliness  of  rooms.  Every  room  in  a  mercan- 
tile establishment  [and]  including  the  floor,  walls,  ceilings,  win- 
dows and  every  other  part  thereof  and  all  fixtures  therein  shall 
at  all  times  Le  kept  in  a  clean  and  sanitary  condition.  Floors 
shall,  at  all  times,  be  maintained  in  a  safe  condition.  Suitable 
receptacles  shall  be  provided  and  used  for  the  storage  of  waste 
and  refuse;  such  receptacles  shall  be  maintained  in  a  sanitary 
condition. 

§  [168-a]  336.  Cleanliness  of  buildings.  Every  part  of  a 
building  in  which  a  mercantile  establishment  is  located  and  of  the 
premises  thereof  and  the  yards,  courts,  passages,  areas  or  alleys 
connected  with  or  belonging  to  the  same,  shall  be  kept  free  from 
any  accumulation  of  dirt,  filth,  rubbish  or  garbage.  The  roof, 
passages,  stairs,  halls,  basements,  cellars,  privies,  water  closets, 
and  all  other  parts  of  such  building  and  the  premises  thereof  shall 
at  all  times  be  kept  in  a  clean,  sanitary  and  safe  condition.  The 
entire  building  and  premises  shall  be  well  drained  and  the  plumb- 
ing, cesspools  and  drains  thereof  at  all  times  kept  in  proper  repair 
and  in  a  sanitary  condition. 


250     Appendix  I  —  Bills  Submitted  to  the  Legislatukb 

§  [168-b.]  337.  Drinking  water.  1.  In  every  mercantile  es- 
tablishment there  shall  be  provided  at  all  times  for  the  use  of 
employees,  a  sufficient  supply  of  clean  and  pure  drinking  water. 
Such  water  shall  be  supplied  through  proper  pipe  connections  with 
water  mains  through  which  is  conveyed  the  water  used  for  domestic 
purposes,  or  from  a  spring  or  well  or  body  of  pure  water.  2.  If 
such  drinking  water  be  placed  in  receptacles  in  the  mercantile 
establishment,  such  receptacles  shall  be  properly  covered  to  pre- 
vent contamination  and  shall  be  thoroughly  cleaned  at  frequent 
intervals. 

§  [168-c.]  338.  Washrooms  and  washing  facilities.  In  every 
mercantile  establishment  there  shall  be  provided  and  maintained 
for  the  use  of  employees  adequate  and  convenient  washrooms,  or 
washing  facilities.  Such  washrooms  and  washing  facilities  [shall 
consist  of  sinks  or  stationary  basins  provided  with  running  water 
or  with  tanks  holding  an  adequate  supply  of  clean  water  and] 
shall  be  separate  for  each  sex  wherever  required  by  the  rules  of 
the  industrial  board.  Every  washroom  shall  be  provided  with 
adequate  means  of  ventilation,  [and]  heating  and  lighting 
[artificial  illumination]. 

§  [168-d.]  339.  Dressing  rooms.  In  every  mercantile  establish- 
ment where  more  than  five  women  are  employed  a  sufficient  num- 
ber of  dressing  rooms  conveniently  located  shall  be  provided  for 
their  use.  Each  dressing  room  shall  be  properly  ventilated  [by 
a  window  or  by  suitable  ducts  leading  to  the  outer  air]  and  shall 
be  enclosed  by  partitions  or  walls.  Each  dressing  room  shall  be 
means  for  hanging  clothes  and  a  suitable  number  of  seats  and 
provided  with  adequate  means  for  artificial  illumination,  suitable 
shall  be  properly  heated  and  ventilated.  Each  dressing  room  shall 
be  separated  from  any  water  closet  compartment  by  adequate  par- 
titions. Adequate  floor  space  shall  be  provided  in  dressing  rooms 
in  proportion  to  the  number  of  employees.  [When  more  than  ten 
women  are  employed  such  dressing  room  shall  have  a  floor  space 
of  not  less  than  sixty  square  feet  and  shall  have  at  least  one 
window  opening  to  the  outer  air.] 

§  [169]  3JiO.  Lunchrooms.  [Lunch-rooms.  If  a  lunch-room  is 
provided  in  a  mercantile  establishment  where  females  are  em- 
ployed, such  lunch-room  shall  not  be  next  to  or  adjoining  the 


Appendix  I  —  Bills  Submitted  to  the  Legislatdee     251 

water-closets,  unless  permission  is  first  obtained  from  the  board 
or  department  of  health  or  health  commissioners  of  the  town, 
village  or  city  where  such  mercantile  establishment  is  situated, 
unless  such  establishment  is  situated  in  a  city  of  the  first  or 
second  class  in  which  case  such  permission  must  be  obtained  from 
the  commissioner  of  labor.  Such  permission  shall  be  granted  un- 
less it  appears  that  proper  sanitary  conditions  do  not  exist,  and  it 
may  be  revoked  at  any  time  by  the  board  or  department  of  health 
or  health  commissioners,  if  it  appears  that  such  lunch-room  is 
kept  in  a  manner  or  in  a  part  of  a  building  injurious  to  the 
health  of  the  employees,  unless  such  establishment  is  situated 
in  a  city  of  the  first  or  second  class,  in  which  case  said  permission 
may  be  so  revoked  by  the  commissioner  of  labor.  J  No  lunchroom 
in  any  mercantile  establishment  where  females  are  employed  shall 
he  next  to  or  adjoining  the  water  closets,  unless  a  permit  therefor 
is  granted  hy  the  commissioner.  Such  permit  shall  he  granted 
if  proper  sanitary  conditions  exist,  and  it  may  he  revohed  at  any 
time  if  the  lunchroom  is  Jcept  in  such  a  mariner  or  is  so  located  as 
to  he  injurious  to  the  health  of  the  employees. 

§  [168-e]  SJfl.  Water  closets.  1.  There  shall  be  provided  for 
every  mercantile  establishment  a  sufficient  number  of  suitable  and 
convenient  water  closets.  All  water  closets  shall  be  maintained 
inside  the  mercantile  establishment  except  where,  in  the  opinion  of 
the  commissioner,  it  is  impracticable  or  unnecessary  to  do  so. 

2.  There  shall  be  separate  water  closet  compartments  or  toilet 
rooms  for  females,  constructed  and  maintained  in  accordance  with 
the  rules  of  the  industrial  hoard  [to  be  used  by  them  exclusively, 
and  notice  to  that  effect  shall  be  clearly  marked  at  the  entrance 
of  such  compartments  or  rooms.  The  entrance  to  every  water 
closet  shall  be  effectively  screened  by  a  partition  or  vestibule. 
Where  water  closets  for  males  and  females  are  in  adjoining  com- 
partments or  toilet  rooms,  there  shall  be  partitions  of  substantial 
construction  between  the  compartments  or  rooms  extending  from 
the  floor  to  the  ceiling  and  such  partitions  shall  be  plastered  or 
metal  covered  to  a  sufficient  height.  Whenever  any  water  closet 
compartments  open  directly  into  the  workroom,  exposing  the  in- 
terior, they  shall  be  screened  from  view  by  a  partition  or  a  vesti- 
bule.    The  use  of  curtains  for  screening  purposes  is  prohibited]. 

3.  The  use  of  any  form  of  trough  water  closet,  latrine  or  school 
sink  within  any  mercantile  establishment  is  prohibited  except  as 


252     Appendix  I  —  Bills  Submitted  to  the  Legislature 

may  he  'permitted  hy  the  industrial  hoard  in  its  rules  [Such  fix- 
tures in  existence  on  the  first  day  of  October,  nineteen  hundred  and 
fourteen,  having  a  common  flushing  system  and  approved  by 
the  industrial  board  in  its  rules].  Ail  such  trough  water  closets, 
latrines  or  school  sinks  shall,  before  the  first  day  of  October,  nine- 
teen hundred  and  fifteen,  be  completely  removed  and  the  place 
where  they  were  located  properly  disinfected  under  the  direction 
of  the  department. 

4.  Every  water  closet  installed  before  October  first,  nineteen 
hundred  and  fourteen,  inside  any  mercantile  establishment  shall 
have  a  basin  of  enameled  iron  or  earthenware,  and  shall  be  prop- 
erly flushed  [from  a  separate  water-supplied  cistern  or  through  a 
proper  valve  connected  in  such  manner  as  to  keep  the  water  supply 
of  the  establishment  free  from  contamination]. 

5.  All  woodwork  enclosing  water  closet  fixtures  shall  be  re- 
moved from  the  front  of  the  closet  and  the  space  underneath  the 
seat  shall  be  left  open.  All  water  closet  compartments  or  toilet 
rooms  constructed  before  October  first,  nineteen  hundred  and 
fourteen,  shall  have  windows  opening  directly  to  the  outer  air  or 
shall  be  otherwise  properly  ventilated  to  the  outer  air  by  suitable 
ducts,  and  shall  be  provided  with  means  for  artificial  illumination. 

6.  All  water  closets,  urinals,  water  closet  compartments  and 
toilet  rooms  hereafter  installed  in  a  mercantile  establishment, 
including  those  provided  to  replace  existing  fixtures  shall  be 
properly  constructed,  installed,  ventilated,  lighted  and  maintained 
in  accordance  with  such  rules  as  may  be  adopted  by  the  indus- 
trial board. 

7.  All  water  closet  compartments  and  toilet  rooms,  and  the 
floors,  walls,  ceiling  and  surface  thereof,  and  all  fixtures  therein, 
and  all  water  closets  and  urinals  shall  at  all  times  be  maintained  in 
a  clean  and  sanitary  condition.  The  floor  or  other  surface  beneath 
and  around  the  closet  shall  be  maintained  in  good  order  and 
repair  and  all  the  woodwork  shall  be  kept  well  painted  [with  a 
light  colored  paint].  The  enclosure  of  each  compartment  and  toilet 
room  shall  be  kept  free  from  obscene  writing  or  marking.  Where 
the  water  supply  to  water  closets  or  urinals  is  liable  to  freeze,  the 
water  closet  compartment  shall  be  properly  heated  so  as  to  pre- 
vent freezing,  or  the  supply  and  flush  pipes,  cisterns  and  traps 
and  valves  shall  be  effectively  covered  with  wool  felt  or  hair  felt, 
or  other  adequate  covering. 


Appendix  I  —  Bills  Submitted  to  the  Legislatuee     253 

§  [168-f]  SIt2.  Ventilation.  Every  mercantile  eatablishment 
shall  be  provided  with  proper  and  sufficient  means  of  ventilation 
by  natural  or  mechanical  means  or  both,  as  may  be  necessary  and 
there  shall  be  maintained  therein  proper  and  sufficient  ventilation 
and  proper  degrees  of  temperature  and  humidity  at  all  times 
during  working  hours.  The  industrial  board  shall  make  rules 
for  and  fix  standards  of  ventilation,  temperature  and  humidity 
in  mercantile  establishments. 

§  [IVI]  SJ^S.  Employment  of  women  and  children  in  base^ 
ments.  [Women  or  children  shall  not  be  employed  or  permitted 
to  work  in  the  basement  of  a  mercantile  establishment,  unless 
permitted  by  the  board  or  department  of  health,  or  health  com- 
missioners of  the  town,  village  or  city  where  such  mercantile  es- 
tablishment is  situated,  unless  such  establishment  is  situated  in  a 
city  of  the  first  or  second  class  in  which  case  such  permission 
must  be  obtained  from  the  commissioner  of  labor.  Such  permis- 
sion shall  be  granted  unless  it  appears  that  such  basement  is  not 
sufficiently  lighted  and  ventilated,  and  is  not  in  good  sanitary 
condition.]  Employment  of  children  and  females  in  basements. 
No  child  under  the  age  of  sixteen  years  nor  any  female  shall  he 
employed  in  the  basement  of  a  mercantile  establishment  unless 
a  permit  therefor  is  granted  by  the  commissioner.  Such  permit 
shall  be  granted  if  the  basement  is  sufficiently  lighted  and  venti- 
lated and  is  in  a  sanitary  condition, 

TITLE  II.     FIRE  HAZARD. 

§  S50.  Fire  hazard.  Every  mercantile  establishment  and  mer- 
cantile building  shall  be  provided  with  adequate  exit  facilities  and 
shall  be  so  constructed,  equipped,  arranged  and  maintained  as  to 
afford  safety  to  employees  and  patrons  in  case  of  fire.  The  indus- 
trial board  shall  in  its  rules  prescribe  detailed  requirements  for 
protection  from  the  fire  hazard  in  existing  mercantile  establish- 
ments and  mercantile  buildings  and  in  those  to  be  erected  in  the 
future. 

Note. —  New   section. 

§  351.  Smoking  prohibited.  No  person  shall  smoJce  in  any 
mercantile  establishment  in  ivhich  more  than  ten  persons  are 
employed  except  in  a  fireproof  enclosed  room  set  aside  for  that 


254     Appendix  I  —  Bills  Submitted  to  the  Legislatuee 

purpose  hut  the  industrial  hoard  in  its  indes  may  permit  smohing 
in  protected  portions  of  a  mercantile  establishment,  or  in  special 
classes  of  occupancies,  where  in  its  opinion  the  safety  of  em- 
ployees and  patrons  would  not  he  endangered  therehy.  A  notice 
of  such  prohibition  stating  the  penalty  for  violation  thereof  shall 
he  posted  in  every  entrance  hall,  elevator  car,  stair-hall  and  room 
of  a  mercantile  establishment  in  English  and  also  in  such  other 
language  as  the  fire  commissioner  of  the  city  of  New  York  in 
such  city,  and  elsewhere,  the  commissioner  of  labor,  shall  direct. 
The  fire  commissioner  of  the  city  of  New  York  in  such  city,  and 
elsewhere,  the  commissioner  of  labor  shall  enforce  this  section. 
Such  notices  shall  be  furnished  by  the  officer  charged  with  the 
enforcement  of  this  section  and  shall  not  he  removed  without  his 
consent. 
Note. —  New  section. 

TITLE  III.     OES^ERAL. 

§  [24.]  360.  Contributions  to  benefit  or  insurance  fund.  A  cor- 
poration engaged  in  the  business  of  operating  a  mercantile  estab- 
lishment shall  not  by  deduction  from  salary,  compensation  or 
wages,  by  direct  payment  or  otherwise,  compel  any  employee  in 
such  mercantile  establishment  to  contribute  to  a  benefit  or  insur- 
ance fund  maintained  or  managed  for  the  employees  of  such 
establishment  by  such  corporation,  or  by  any  other  corporation  or 
person;  and  every  contract  or  agreement  whereby  such  contribu- 
tion is  exacted  shall  be  absolutely  void.  A  corporation  which  will 
violate  this  section  shall  be  liable  to  a  penalty  of  one  hundred  dol- 
lars, recoverable  by  the  person  aggi'ieved  in  any  court  of  competent 
jurisdiction.  A  director,  officer  or  agent  of  a  corporation  who 
compels  any  employee  to  make  a  contribution  in  violation  of  this 
section,  or  sign  any  contract  or  agreement  to  make  such  contribu- 
tion, or  imposes  or  requires  such  a  contribution  as  a  condition  of 
entering  into  or  continuing  in  the  employment  of  a  mercantile 
establishment,  shall  be  guilty  of  a  misdemeanor. 

§  361.  Duties  of  owners  and  occupiers.  The  occupant  of  a 
mercantile  establishment  shall  be  responsible  for  compliance  with 
the  provisions  of  this  article  within  his  holding.  The  owner  of  the 
building  in  which  a  mercantile  establishment  is  located  shall  also 
he  responsible  for  compliance  with  the  provisions  of  sections  three 
hundred  and  thirty-six,  three  hundred  and  thirty-seven  sub- 
division one,  three  hundred  and  thirty-eight,  three  hundred  and 


Appendix  I  —  Bills  Submitted  to  the  Legislatdee     255 

forty-one  except  subdivision  seven,  and  all  provisions  relating  to 
structural  changes  or  permanent  improvements  in  the  huildingj  or 
affecting  portions  of  the  building  that  are  used  in  common  or  by 
more  than  one  occupant. 
Note. —  New  section. 

rARTICLE   IX.  MINES,   TUNNELS   AND    QUARRIES    AND   THEIR   IN- 
SPECTION. 

Section  119.  Protection  of  employees  in  mines,  tunnels  and  quar- 
ries. 

120.  Duties  of  commissioner  of  labor  relating  to  mines, 

tunnels  and  quarries ;  record  and  report. 

121.  Outlets  of  mines. 

122.  Ventilation  and  timbering  of  mines  and  tunnels. 

123.  Riding  on  loaded  cars;  storage  of  inflammable  sup- 

plies. 

124.  Inspection-  of  steam  boilers  and  apparatus;  steam, 

air  and  water  gauges. 

125.  Use  of  explosives ;  blasting. 

126.  Report  of  accidents. 

127.  Notice  of  dangerous  condition. 

128.  Traveling  ways. 

129.  Notice  of  opening  new  mine,  sbaft  or  quarry. 

130.  Notice  of  abandonment. 

131.  Employment  of  women  and  children. 

132.  Underground  workings  to  be  equipped  with  head 

house  and  doors. 

133.  Mines  and  tunnels  to  be  equipped  with  wash-rooms. 

134.  Method  of  exploding  blasts. 
134-a.  Hours  of  labor. 

134-b.  Medical  attendance  and  regulations. 
134-c.  Penalties. 

134-d.    [Air  pipes  in  tunnels  and  caissons.] 
134-e.    [Electric  lights  in  tunnels  and  caissons.] 

135.  Enforcement  of  article. 

136.  Admission  of  inspectors  to  mines  and  tunnels.] 

ARTICLE  U. 

MINES,  TUNNELS  AND  QUARRIES;  EMPLOYMENT  IN  COMPRESSED 

AIR. 

Note. —  This  article  is  revised  from  old  article  9  of  the  labor  law  omitting 
provisions  covered  by  the  general  provisions  of  this  chapter. 


256     Appendix  I  —  Bills  Submitted  to  the  Le«i8latuke 

TITLE  I.    MINES,  TUNNELS  AND  QUAURIE8. 
Section  S70.  Notice  of  opening  new  mine,  tunnel  or  quarry. 
371.  Notice  of  discontinuance  or  ahandonment. 
872.  Outlets  of  mines. 
S7S.  Traveling  ways  in  mines. 
37 Jf.  Head  house  and  trap-doors. 

375.  Timbering  of  mines  and  tunnels. 

376.  Ventilation  of  mines  and  tunnels. 

377.  Boilers  for  mining  and  tunneling;  inspection  and 

equipment. 

378.  Safety  of  apparatus. 

379.  Biding  on  loaded  cars,  cages  or  buckets. 

380.  Use  of  explosives;  blasting. 

381.  Storage  of  inflammable  supplies. 

382.  Wash-rooms. 

383.  Besponsibility  for  compliance. 

TITLE  II.     EMPLOYMENT  IN  COMPRESSED  AIB. 

390.  Definition. 

391.  Equipment. 

392.  Medical  officers  and  nurses. 

393.  Physical  examinations. 

394.  Becord  of  physical  examinations. 

395.  Employment  of  certain  persons  prohibited, 

396.  Hours  of  labor. 

397.  Bate  and  time  of  decompression. 

TITLE  I.   MINES,  TUNNELS  AND  QUARRIES. 

§  [129]  370.  Notice  of  opening  new  mine,  [shaft]  tunnel 
or  quarry.  [Whenever  a]  Every  [mine  or  quarry]  operator 
who  is  [has]  engaged  or  [is]  about  to  engage  in  [the  develop- 
ment of  new  industries  by  the  sinking  of]  opening  new  shafts,  in- 
clines, tunnels  or  quarries,  [he]  shall  report  to  the  commissioner 
[of  labor],  giving  the  name  of  the  owner  [or  owners,]  and  the 
location  of  the  property,  before  the  work  of  excavation  [shall  have] 
has  reached  the  depth  of  twenty-five  feet. 

§  [130]  371.  Notice  of  discontinuance  or  abandonment.  [It 
shall  be  the  duty  of  e]£'very  [mine  or  quarry]  operator  [to  notify 
the  commissioner  of  labor  of  the]  who  permanently  discontinu- 
[ancc]es  or  abandon[ment]s  [of]  any  mine^  tunnel  or  quarry 


Appendix  I  —  Bills  Submitted  to  the  Legislature     257 

[,  when  and  in  the  event  that  such  mine  or  quarry  shall  be  closed 
permanently  or  abandoned.]  shall  notify  the  commissioner  thereof 
immediately  after  such  discontinuance  or  abandonment. 

§  [121]  S72.  Outlets  of  mines,  pf,  in  the  opinion  of  the 
commissioner  of  labor,  it  is  necessary  for  safety  of  employees,  the] 
Every  [owner,  operator  or  superintendent  of  a]  mine  operating 
through  either  a  vertical  or  inclined  shaft,  or  a  horizoatal  tunnel, 
shall  [not  employ  any  person  therein  unless  there  are  in  connec- 
tion with  the  subterranean  workings  thereof],  if  the  commissioner 
finds  it  is  necessary  for  the  safety  of  the  employees  and  issues  an 
order  to  that  effect,  he  provided  ivith  not  less  than  two  openings 
or  outlets,  at  least  one  hundred  and  fifty  feet  apart,  and  connected 
with  the  subterranean  ivorlcings  and  with  each  other  and  no  per- 
son shall  be  employed  in  the  mine  until  such  openings  or  outlets 
have  been  provided.  [Such]  The  openings  or  outlets  shall  be  so 
constructed  as  to  provide  at  all  times  safe  and  [distinct  means  of 
ingress  and  egress  from  and  to  the  surface,  at  all  times,  for  the 
use  of  the  employees  of  such  mine.]  separate  passageways  between 
the  subterranean  workings  and  the  surface. 

§  [128]  S73.  Traveling  ways  in  mines.  In  [all]  every 
mino[s]  there  shall  be  cut  out  of  or  around  the  sides  of  every 
hoisting  shaft,  or  driven  through  the  solid  strata  at  the  bottom 
thereof,  a  traveling  way  not  less  than  five  feet  high  and  three  feet 
wide  to  enable  persons  to  pass  the  shaft  in  going  from  one  side 
to  the  other  without  passing  over  or  under  or  in  the  way  of  the 
cage  or  other  hoisting  apparatus. 

§  [132]  37J^.  [Underground  workings  to  be  equipped  with 
h]i7ead  house  and  trapdoors.  Every  undergroimd  working 
where  the  depth  exceeds  forty  feet  shall  be  equipped  with  a  proper 
head  house  and  trapdoors. 

§  875.  Timbering  of  mines  and  tunneh.  Every  mine  and 
tunnel  shall  be  properly  timbered,  and  the  roof  and  sides  of  each 
working  place  therein  properly  secured.  No  person  shall  he  em- 
ployed in  an  unsafe  place  in  a  mine  or  tunnel  except  to  make  it 
safe. 

Note. —  Taken  from  old  §  122. 

Vol.  1  —  9 


258     Appendix  I  —  Bills  Submitted  to  the  Legislature 

§  [122]  376.  Ventilation  [and  timbering]  of  mines  and  tun- 
nels. In  [each]  every  mine  [or]  and  tunnel  a  ventilating  cur- 
rent shall  be  conducted  and  circulated  along  the  face  of  all  work- 
ing places  and  through  the  roadways  therein,  in  sufficient  [quanti- 
ties] volume  to  insure  the  safety  of  employees  and  to  remove 
smoke  and  noxious  gases. 

[Each  owner,  agent,  manager  or  lessee  of  a  mine  or  tunnel 
shall  cause  it  to  be  properly  timbered,  and  the  roof  and  sides  of 
each  working  place  therein  properly  secured.  No  person  shall  be 
required  or  permitted  to  work  in  an  unsafe  place  or  under  danger- 
ous material,  except  to  make  it  secure.] 

Note. —  Last  paragraph  of  old  §  122  made  new  §  375. 

§  [124]  377.  [Inspection  of  steam  boilers  and  apparatus; 
steam,  air  and  water  gauges.]  Boilers  for  mininrj  and  tunneling; 
inspection  and  equipment.  [All]  Every  boiler[s]  used  in  gen- 
erating steam  for  raining  or  tunneling  purposes  shall  be  kept  in 
good  order,  and  the  owner,  agent,  manager  or  lessee  of  such  mine 
or  tunnel  shall  [have  such  boilers]  cmise  them  to  be  inspected  at 
least  once  in  every  sia:  months  by  a  competent  person  [,]  approved 
by  the  commissioner  [of  labor,  once  in  six  months],  and  shall  file 
a  certificate  [showing  the  result  thereof]  in  the  mine  or  tunnel 
office  and  a  duplicate  [thereof]  in  the  office  of  the  commissioner 
[of  labor]  showing  the  result  of  each  such  inspection.  [All  en- 
gines, brakes,  cages,  buckets,  ropes  and  chains  shall  be  kept  in 
good  order  and  inspected  daily  by  the  superintendent  of  the  mine 
or  tunnel  or  a  person  designated  by  him.  All  lifts,  hoists,  ropes 
and  other  mechanical  devices  shall  be  properly  designed  and 
maintained  to  sustain  the  weight  intended  to  be  placed  thereon 
or  suspended  therefrom,  such  factors  of  safety  being  used  as  are 
generally  accepted  as  sufficient  by  competent  engineers,  and  all 
cars  and  lifts  shall  be  supplied  with  safety  brakes.  All  hoisting 
ropes  shall  at  all  times  be  of  a  breaking  strength  of  not  less  than 
five  times  the  gross  load  suspended  from  them,  including  weight 
of  rope  itself.  Each]  Every  boiler  or  battery  of  boilers  so  used 
[in  mining  or  tunneling  for  generating  steam,]  shall  be  provided 
with  [a]  proper  safety  valves  and  with  proper  steam  and  water 
gauges[,  to  show,  respectively,  the  pressure  of  steam  and  the 
height  of  water  in  the  boilers].  Every  boiler  house  in  which 
a  boiler  or  [nest]  battery  of  boilers  is  placed,  shall  be  provided 
with  a  steam  gauge  properly  connected  with  the  boiler£,[,  and 


Appendix  I  —  Bills  Submitted  to  the  Legislature     259 

another  J.  A  steam  gauge  shall  be  attached  to  the  steam  pipe  in 
the  engine  house,  and  so  placed  that  the  engineer  or  fireman  can 
readily  ascertain  the  steam  pressure  [carried.  Every  tunnel  in 
which  men  are  working  under  artificial  air  pressure  shall  be  fur- 
nished with  properly  equipped  and  placed  gauges  capable  at  all 
times  of  showing  the  weight  or  pressure  of  air  in  said  tunnel,  and 
said  gauge  shall  at  all  times  during  working  hours  be  accessible  to 
all  persons  working  on  said  tunnel]. 

Note. —  The  provision  of  old  §  124  relating  to  safety  of  apparatus  has  been 
made  new  §  378. 

§  378.  Safety  of  apparatiLS.  All  engines,  brakes,  cages,  hucJe- 
ets,  ropes  and  chains  shall  be  kept  in  good  order  and  inspected 
daily  by  the  superintendent  of  the  mine  or  tunnel  or  a  competent 
person  designated  by  him.  All  lifts,  hoists,  ropes  and  other 
mechanical  devices  shall  be  properly  designed  and  maintained  to 
sustain  the  weight  intended  to  be  placed  thereon  or  suspended 
therefrom,  such  factors  of  safety  being  used  as  are  generally  ac- 
cepted as  sufficient  by  competent  engineers.  All  hoisting  ropes 
shall  at  all  times  be  of  a  breaking  strength  of  not  less  than  five 
times  the  gross  load  suspended  from  them.,  including  the  weight 
of  the  rope  itself.  All  cars  and  lifts  shall  be  equipped  with  safety 
brakes. 

Note. —  Taken  from  old  §  124. 

§  [128]  379.  Riding  on  loaded  cars[;]^  cages  or  buckets. 
[storage  of  inflammable  supplies.]  No  person  shall  ride  or  be 
permitted  to  ride  on  any  loaded  car,  cage  or  bucket  into  or  out  of 
a  mine  or  into  or  out  of  a  tunnel  in  process  of  construction. 
[No  powder  or  oils  of  any  description  shall  be  stored  in  a  mine, 
tunnel  or  quarry,  or  in  or  around  shafts,  engine  or  boiler-houses, 
and  all  supplies  of  an  inflammable  and  destructive  nature  shall  be 
stored  at  a  safe  distance  from  the  mine  or  tunnel  openings.] 

Note. —  Old  §  123,  second  sentence  made  new  §  381. 

§  [125]  380.  Use  of  explosives;  blasting.  When  high  explo- 
sives other  than  gunpowder  are  used  in  a  mine,  tunnel  or  quarry, 
the  manner  of  storing,  [keeping,]  moving,  charging  and  firing,  or 
in  any  manner  using  such  explosives,  shall  be  in  accordance  with 
rules  prescribed  by  the  [commissioner  of  labor]  industrial  board. 
in  charging  holes  for  blasting,  in  slate,  rock  or  ore  in  any  mine, 
tunnel  or  quarry,  no  iron  or  steel  pointed  needle  or  tamping  bar 


260     Appendix  I  —  Bills  Submitted  to  the  Legislatur» 

shall  be  used,  unless  the  end  thereof  is  tipped  with  at  least  six 
inches  of  copper  or  other  soft  material.  No  person  shall  be  em- 
ployed to  blast,  unless  the  [mine  or  tunnel]  superintendent  or  per- 
son having  charge  of  such  mine,  [or]  timnel  or  quarry  is  satisfied 
that  [he J  such  person  is  qualified,  by  experience,  to  perform  the 
work  with  ordinary  safety.  [When]  Before  such  a  blast  is  [about 
to  be]  fired  [in  a  mine  or  tunnel,]  the  person  in  charge  of  the 
work  shall  give  timely  notice  [thereof  shall  be  given  by  the  person 
in  charge  of  the  work,]  to  all  persons  who  may  be  in  danger 
therefrom.  No  blast  fired  hy  electricity  shall  he  exploded  hy  an 
electric  current  of  more  than  two  hundred  and  fifty  volts. 

Note. —  Last  sentence  of  old  §   139  transferred  to  this  section. 

§  881.  Storage  of  inflammable  supplies.  No  powder  or  oils  of 
ny  description  shall  be  stored  in  a  mine,  tunnel  or  quarry  or  in 
OT>6Lround  shafts,  engine  or  boiler  houses,  and  all  supplies  of  an 
inflammable  and  destrvxtive  nature  shall  be  stored  at  a  safe  dis- 
tance from  the  mine  or  tunnel  openings. 
Is'ote. —  Taken  from  old  §  123,  second  sentence. 

§  [133]  382.  [Mines  and  tunnels  to  be  equipped  with 
w]  Washrooms.  Every  mine,  tunnel  or  quarry  [employing  over 
twenty-five  men  shall  maintain  a  suitably  equipped  and  heated 
washroom,  which  shall  be  at  all  times  accessible  to  the  men  em- 
ployed.] where  more  than  twenty-five  persons  are  employed  shall 
he  provided  with  a  ivashroom,  properly  heated  and  equipped,  and 
accessible  at  all  times  to  the  employees. 

§  S83.  Responsibiliiy  for  compliance.  Except  as  in  this  title 
othenvise  provided  the  owner,  agent,  lessee,  manager,  operator  and 
superintendent  shall  be  responsible  for  the  observance  of  the  pro- 
visions of  this  title. 

Note.— Taken  from  old  §  121. 

TITLE  II.     EMPLOYMENT  IN  COMPRESSED  AIR. 

§  390.  Definition.  The  term  "  pi^essure,"  when  used  in  this 
title,  means  gauge  pressure  in  pounds  per  square  inch. 

[§  134-d.  All  work  in  the  prosecution  of  which  tunnels,  caissons 
or  other  apparatus  or  means  within  which  compressed  air  is  em- 
ployed shall  have  at  least  two  air  pipes  or  lines  connected  at  all 
times  and  in  perfect  working  condition. 


Appendix  I  —  Bills  Submitted  to  the  Leqislatuke     261 

§  134-e.  Wherever  electricity  is  used  as  lighting  apparatus  the 
light  supplied  for  the  shaft  leading  to  the  caisson  or  tunnel  or 
other  apparatus  wherein  the  men  are  actually  at  work  shall  be  sup- 
plied from  a  different  wire  from  the  lights  which  are  located  at 
the  point  wherein  the  men  are  actually  working  under  air.] 

Note. —  This  title  is  made  up  of  §§  134-a,  134-b,  134-d,  134-e  and  last  sen- 
tence of  §  134. 

§  S91.  Equipment.  Every  employer  carrying  on  any  work  in 
the  prosecution  of  which  persons  are  employed  in  compressed  air 
shall 

1.  Provide  and  attach  the  necessary  instruments  to  all  caissons 
and  air  lochs  for  showing  the  air  pressure  to  which  persons  so  em- 
ployed therein  are  subjected,  and  employ  a  competent  person  to 
take  charge  of  such  instruments.  Such  person  shall  not  he  per- 
mitted to  work  more  than  eight  hours  in  any  twenty-four  hours; 

2.  Provide  and  install  properly  equipped  gauges  in  each 
tunnel  for  showing  the  air  pressure  to  which  the  persons  so  em- 
ployed therein  are  subjected.  Such  gauges  shall  be  accessible,  at 
all  times  during  working  hours,  to  all  employees  in  the  tunnel; 

S.  Connect  at  least  two  air  pipes  or  lines  to  each  compartment, 
caisson,  •  tunnel  or  place  where  persons  are  so  employed,  and  keep 
them  so  connected  and  in  perfect  working  condition; 

J^.  Provide  a  suitable  ladder  for  the  entire  length  of  every 
shaft  used  in  connection  with  such  work; 

5.  Keep  every  passageway  used  in  connection  with  such  work 
clear  and  properly  lighted; 

6.  Wherever  electricity  is  used  for  lighting,  provide  a  wire  for 
lighting  the  shafts  which  wire  shall  be  separate  from  the  one  used 
for  lighting  the  place  where  the  employees  are  at  work  in  com- 
pressed air; 

7.  Wherever  electricity  is  not  used  for  lighting,  provide  suit- 
able safeguAirds  for  all  lights  u^ed  in  connection  with  such  work; 

8.  Erect  a  shield  in  the  working  chamber  of  every  caisson,  in 
which  persons  are  employed  in  compressed  air,  where  the  working 
chamber  is  less  than  ten  feet  in  length  and  when  the  caisson  is 
suspended  or  hung  while  work  is  in  progress  so  that  the  bottom  of 
the  excavation  is  more  than  nine  feet  below  the  deck  of  the  work- 
ing chamber; 

9.  Provide,  for  the  use  of  all  persons  so  employed,  dressing 
rooms  ivhich  shall  be  kept  open  and  accessible  during  working 
hours  and  during  the  intervals  between  working  periods.     The 


262     Appe>dix  I  —  Bills  Scbmitted  to  the  Legislature 

dressing  rooms  shall  he  kept  properly  heated,  lighted  and  venti- 
lated, shall  contain  lockers  and  benches,  haths  with  hot  and  cold 
water,  and  sanitary  water-closets. 

10.  Wherever  the  maximum  air  pressure  in  such  work  exceeds 
seventeen  pounds,  provide  and  maintain  a  properly  equipped  medi- 
cal lock.  Such  lock  shall  he  kept  properly  heated,  lighted  and 
ventilated  and  shall  contain  proper  medical  and  surgical  equip- 
ment. 

[§  134-b.  Medical  attendance  and  regulations.  Any  person  or 
corporation  carrying  on  any  tunnel,  caisson  or  other  work  in  the 
prosecution  of  which  men  are  employed  or  permitted  to  work  in 
compressed  air,  shall,  while  such  men  are  so  employed,  also  em- 
ploy and  keep  in  employment,  one  or  more  duly  qualifted  persons 
to  act  as  medical  officer  or  officers  who  shall  be  in  attendance  at 
all  necessary  times  while  such  work  is  in  progress  and  whose  duty 
it  shall  be  to  administer  and  strictly  enforce  the  following: 

(a)  No  person  shall  be  permitted  to  work  in  compressed  air 
until  after  he  shall  have  been  examined  by  such  medical  officer 
and  reported  by  such  officer  to  the  person  in  charge  thereof  as 
found  to  be  qualified,  physically,  to  engage  in  such  work. 

(b)  In  the  event  of  absence  from  work,  by  an  employee  for 
ten  or  more  successive  days  for  any  cause,  he  shall  not  resume 
work  until  he  shall  have  been  re-examined  by  the  medical  officer 
and  his  physical  condition  reported  as  hitherto  provided  to  be  such 
as  to  permit  him  to  work  in  compressed  air. 

(c)  No  person  known  to  be  addicted  to  the  excessive  use  of  in- 
toxicants shall  be  permitted  to  work  in  compressed  air. 

(d)  No  person  not  having  previously  worked  in  compressed 
air  shall  be  permitted  during  the  first  twenty-four  hours  of  his 
employment  to  work  for  longer  than  one-half  of  a  day  period  as 
provided  in  section  one  hundred  and  thirty-four-a  and  after  so 
working  shall  be  re-examined  and  not  permitted  to  work  in  a  place 
where  the  pressure  is  in  excess  of  fifteen  pounds  unless  his  physical 
condition  be  reported  by  the  medical  officer  as  heretofore  pro- 
vided to  be  such  as  to  qualify  him  for  such  work. 

(e)  After  a  person  has  been  employed  continuously  in  com- 
pressed air  for  a  period  of  three  months  he  shall  be  re-examined 
by  the  medical  officer  and  he  shall  not  be  allowed,  permitted  or 
compelled  to  work  until  such  examination  has  been  made  and  he 
has  been  reported  as  heretofore  provided  as  physically  qualified 
to  engage  in  compressed  air  work. 


Appendix  I  —  Bills  Submitted  to  the  Leuislatuee     263 

(f)  The  said  medical  officer  shall  at  all  times  keep  a  complete 
and  full  record  of  examinations  made  by  him,  which  record  shall 
contain  dates  on  which  examinations  were  made  and  a  clear  and 
full  description  of  the  person  examined,  his  age  and  physical  con- 
dition at  the  time  examined,  also  the  statement  as  to  the  time 
such  person  has  been  engaged  in  like  employment. 

(g)  Properly  heated,  lighted  and  ventilated  dressing  rooms 
shall  be  provided  for  all  employees  in  compressed  air  which  shall 
contain  lockers  and  benches  and  shall  be  open  and  accessible  to 
the  men  during  the  intermission  between  shifts.  Such  rooms  shall 
be  provided  with  baths,  with  hot  and  cold  water  service  and  a 
proper  and  sanitary  toilet. 

(h)  A  medical  lock  shall  be  established  and  maintained  in  con- 
nection with  all  work  in  compressed  air  when  the  maximum 
pressure  exceeds  seventeen  pounds  as  herein  provided.  Such  lock 
shall  be  kept  properly  heated,  lighted  and  ventilated  and  shall 
contain  proper  medical  and  surgical  equipment.  Such  lock  shall 
be  in  charge  of  a  certified  trained  nurse  selected  by  the  medical 
officer,  who  shall  be  qualified  to  render  temporary  relief. 

(i)  Whenever  in  the  prosecution  of  caisson  work  in  which  com- 
pressed air  is  employed  the  working  chamber  is  less  than  ten  feet 
in  length  and  when  such  caissons  are  at  any  time  suspended  or 
hung  while  work  is  in  progress  so  that  the  bottom  of  the  excava- 
tion is  more  than  nine  feet  below  the  deck  of  the  working  cham- 
ber, a  shield  shall  be  erected  in  the  working  chamber  for  the  pro- 
tection of  the  workmen. 

(j)  Whenever  in  the  prosecution  of  work  in  which  compressed 
air  is  employed  a  shaft  is  used,  all  such  shafts  shall  be  provided 
with  a  safe,  proper  and  suitable  ladder  for  its  entire  length. 

(k)  Wherever  in  the  prosecution  of  work  in  tunnels,  caissons 
or  other  apparatus  or  means,  in  which  compressed  air  is 
employed  or  used,  lights  other  than  electric  lights  are  used,  the 
said  lights  shall  at  all  times  be  guarded. 

(1)  All  passage  ways  in  work,  wherein  compressed  air  is  em- 
ployed or  used,  shall  be  kept  clear  and  properly  lighted.] 

Note. —  Sub.  1  takes  the  place  of  a  provision  of  old  §  134-a;  sub.  2  takes 
the  place  of  a  provision  of  old  §  134;  sub.  3  takes  the  place  of  a  provision  of 
§  134-d;  sub.  4  takes  the  place  of  a  provision  of  old  §  134-b  (k)  ;  sub.  5  takes 
the  place  of  a  provision  of  old  §  134-b  (m)  ;  sub.  6  takes  the  place  of  a  pro- 
vision of  §  134-e;  sub.  7  takes  the  place  of  a  provision  of  old  §  134-b  (1)  ; 
sub.  8  takes  the  place  of  a  provision  of  old  §  134-b  (j)  ;  sub.  9  takes  the  place 
of  a  provision  of  old  §  134-b  (g)  ;  sub.  10  takes  the  place  of  the  first  two  sen- 
tences of  old  §  134-b  (h). 


264     Appendix  I  —  Bills  Subjutted  to  the  Legislature 

§  S92.  Medical  officers  and  nurses.  Every  employer  carrying 
on  any  work  in  the  prosecution  of  which  persons  are  employed  in 
compressed  air  shall: 

2.  Employ  one  or  more  licensed  physicians  as  medical  officers 
who  shall  he  in  attendance  at  all  necessary  times  at  the  place  where 
such  work  is  in  progress.  The  name  and  address  of  such  phy- 
sicians, while  so  employed  shall  he  registered  with  the  depart- 
ment of  lahor. 

2.  Wherever  the  maximum  air  pressure  in  such  work  exceeds 
seventeen  pounds,  employ  one  or  more  certified  nurses  who  shall 
he  selected  hy  the  medical  officer  and  who  shall  have  charge  of  the 
medical  lock  herein  provided  for. 

Note. —  Sub.  1  takes  the  place  of  the  first  part  of  §  134-b;  sub.  2  takes  the 
place  of  the  last  sentence  of  old  §  134-b  (h).  Second  sentence  in  sub.  1  of  the 
new  section  is  new  matter. 

§  S9S.  Physical  examinations.  1.  No  person  shall  he  employed 
in  compressed  air  until  he  has  heen  examined  by  the  medical  offi- 
cer a,nd  found  to  he  physically  qualified  therefor. 

2.  No  person  who  has  not  previously  worked  in  compressed 
air  shall,  during  the  first  twenty-four  hours  of  his  employment,  he 
permitted  to  work  therein  longer  than  one  working  period  as  pro- 
vided in  section  three  hundred  and  fifty-six,  and  he  shall  not  he 
permitted  to  resume  such  work,  if  the  air  pressure  exceeds  fifteen 
pounds,  until  he  has  heen  re-examined  hy  the  medical  officer  and 
found  to  he  physically  qualified  therefor. 

S.  No  person,  who  is  employed  in  compressed  air  hut  who 
has  been  absent  therefrom  for  ten  or  more  consecutive  days  for 
any  cause,  shall  be  permitted  to  resume  such  work  until  he  has 
been  re-examined  hy  the  medical  officer  and  found  to  he  physically 
Qualified  therefor. 

-4.  No  person  who  has  heen  employed  continuously  in  com- 
pressed air  for  three  months  shall  be  permitted  to  continue  such 
work  until  he  has  been  re-examined  by  the  medical  officer  and 
found  to  be  physically  qualified  therefor. 

Note. —  Sub.  1  takes  the  place  of  §  134-b  (a)  ;  sub.  2  takes  the  place  of 
old  §  134-b  (a)  :  sub.  3  takes  the  place  of  old  §  134-b  (b)  ;  sub.  4  takes  the 
place  of  old  §  134-b  (e). 

§  SOJf.  Record  of  physical  examinations.  The  medical  officer 
shall  keep  a  record  of  all  physical  examinations  made  in  accord- 
ance with  section  three  hundred  and  ninety-three,  which  record 


Appendix  I  —  Bills  Submitted  to  the  Legislature     265 

shall  he  kept  at  the  place  of  employment  and  shall  contain  the 
name,  age,  address  and  full  description  of  each  person  examined, 
the  date  on  which  each  examination  was  made,  and  the  physical 
condition,  on  that  date,  of  the  person  examined  and  the  total  time 
such  person  hcLS  worked  in  compressed  air  including  time  in  pre- 
vious employments. 

Note.— Taken  from  old  §  134-b   (f). 

§  396.  Employment  of  certain  persons  prohibited.  No  person 
known  to  be  addicted  to  the  excessive  use  of  intoxicants  shall  be 
employed  in  compressed  air. 

Note.— Takes  the  place  of  old  §  134-b  (c). 

£§  134-a.  Hours  of  labor.  All  work  in  the  prosecution  of  which 
tunnels,  caissons  or  other  apparatus  or  means  in  which  compressed 
air  is  employed  or  used  shall  be  conducted  subject  to  the  following 
restrictions  and  regulations :  When  the  air  pressure  in  any  compart- 
ment, caisson,  tunnel  or  place  in  which  men  are  employed  is  greater 
than  normal  and  shall  not  exceed  twenty-one  pounds  to  the  square 
inch,  no  employee  shall  be  permitted  to  work  or  remain  therein 
more  than  eight  hours  in  any  twenty-four  hours  and  shall  only  be 
permitted  to  work  under  such  air  pressure  provided  he  shall  during 
such  period  return  to  the  open  air  for  an  interval  of  at  least  thirty 
consecutive  minutes,  which  interval  his  employer  shall  provide  for. 
When  the  air  pressure  in  any  compartment,  caisson,  tunnel  or 
place  in  which  men  are  employed  is  greater  than  normal  and  shall 
equal  twenty-two  pounds  to  the  square  inch  and  does  not  exceed 
thirty  pounds  to  the  square  inch,  no  employee  shall  be  permitted 
to  work  or  remain  more  than  six  hours  in  any  twenty-four 
hours,  such  six  hours  to  be  divided  into  two  periods  of  three  hours 
each  with  an  interval  of  at  least  one  hour  between  each  such  period. 
When  the  air  pressure  in  any  such  compartment,  caisson,  tunnel  or 
place  shall  exceed  thirty  pounds  to  the  square  inch,  and  shall  not 
equal  thirty-five  pounds  to  the  square  inch,  no  employee  shall  be 
permitted  to  work  or  remain  therein  more  than  four  hours,  such 
four  hours  to  be  divided  into  two  periods  of  two  hours  each,  with 
an  interval  of  at  least  two  hours  between  each  such  period.  When 
the  air  pressure  in  any  such  compartment,  caisson,  tunnel  or  place 
shall  equal  thirty-five  pounds  to  the  square  inch  and  shall  not 
exceed  forty  pounds  to  the  square  inch,  no  such  employee  shall  be 
permitted  to  work  or  remain  therein  more  than  three  hours  in  anj 


266     Appendix  I  —  Bills  Submitted  to  the  Legislature 

twenty-four  hours,  such  three  hours  to  be  divided  into  periods  of 
not  more  tlian  one  and  one-half  hours  each,  with  an  interval  of  at 
least  three  hours  between  each  such  period ;  when  the  air  pressure 
in  any  such  compartment,  caisson,  tunnel  or  place  sliall  equal 
forty  pounds  to  the  square  inch  and  shall  not  equal  forty-five 
pounds  to  the  square  inch,  no  employee  shall  be  permitted  to  work 
or  remain  therein  more  than  two  hours  in  any  twenty-four  hours, 
such  two  hours  to  be  divided  into  periods  of  not  more  than  one  hour 
each,  with  an  interval  of  at  least  four  hours  between  each  such 
period ;  when  the  air  pressure  in  any  such  compartment, 
caisson,  tunnel  or  place  shall  equal  forty-five  pounds  to  the 
square  inch  and  shall  not  exceed  fifty  pounds  to  the  square  inch, 
no  employee  shall  be  permitted  to  work  or  remain  therein  more 
than  ninet}'  minutes  in  any  twenty-four  hours,  and  such  ninety 
minutes  to  be  divided  into  periods  of  forty-five  minutes  each,  with 
ajQ  interval  of  not  less  than  five  hours  between  each  such  period; 
no  employee  shall  be  permitted  to  work  in  any  compartment, 
caisson,  tunnel  or  place  where  the  pressure  shall  exceed  fifty 
pounds  to  the  square  inch,  except  in  case  of  emergency.  No  per- 
son employed  in  work  in  compressed  air  shall  be  permitted  by  his 
employer  or  by  the  person  in  charge  of  said  work  to  pass  from  the 
place  in  which  the  work  is  being  done  to  atmosphere  of  normal 
pressure,  without  passing  through  an  intermediate  lock  or  stage  of 
decompression,  which  said  decompression  shall  be,  where  the  work 
is  being  done  in  tunnels,  at  the  rate  of  three  pounds  every  two 
minutes  unless  the  pressure  shall  be  over  thirty-six  pounds,  in 
which  event  the  decompression  shall  be  at  the  rate  of  one  pound 
per  minute;  and  which  said  decompression  shall  be,  where  the 
work  is  being  done  in  caissons,  at  the  following  rates: 

Where  pressure  is  not  over  ten  pounds  per  square  inch  the  time 
of  decompression  shall  be  one  minute;  when  pressure  is  over  ten 
pounds  per  square  inch,  but  does  not  exceed  fifteen  pounds  per 
square  inch,  the  time  of  decompression  shall  be  two  minutes ;  when 
pressure  is  over  fifteen  pounds  per  square  inch,  but  does  not 
exceed  twenty  pounds  per  square  inch,  the  time  of  the  decom- 
pression shall  be  five  minutes;  when  pressure  is  over  twenty 
pounds  per  square  inch,  but  does  not  exceed  twenty-five  pounds 
per  square  inch,  the  time  of  decompression  shall  be  ten  minutes; 
when  pressure  is  over  tw^enty-five  pounds  per  square  inch  but  does 
not  exceed  thirty  pounds  per  square  inch,  the  time  of  decompres- 
sion shall  be  twelve  minutes ;  when  pressure  is  over  thirty  pounds 


Appendix  I  —  Bills  Submitted  to  the  Legislature     26Y 

per  square  inch,  but  does  not  exceed  tliirty-six  pounds  per  square 
inch,  the  time  of  decompression  shall  be  fifteen  minutes;  when 
pressure  is  over  thirty-six  pounds  per  square  inch,  but  does  not 
exceed  forty  pounds  per  square  inch,  the  time  of  decompression 
shall  be  twenty  minutes ;  when  pressure  is  over  forty  pounds  per 
square  inch,  but  docs  not  exceed  fifty  pounds  per  square  inch,  the 
time  of  decompression  shall  be  twenty-five  minutes. 

All  necessary  instruments  shall  bo  attached  to  all  caissons  and 
air  locks  showing  the  actual  air  pressure  to  which  men  employed 
therein  are  subjected  and  which  instruments  shall  be  accessible  to 
and  in  charge  of  a  competent  person  who  shall  not  be  employed 
more  than  eight  hours  in  any  twenty-four  hours.] 

§  396.  Hours  of  labor.  When  the  air  pressure  in  any  tunnel, 
caisson,  compartment  or  place  in  which  persons  are  employed  ex- 
ceeds normal  but  does  not  exceed  fifty  pounds,  the  maximum  numr 
her  of  hours  which,  in  every  twenty-four  hours,  a  person  may  he 
employed  or  permitted  to  remain  therein  and  the  minimum  time 
interval  which  shall  elapse  between  the  working  periods  shall  he 
as  hereafter  stated.  In  every  ca^e  the  maximum  number  of  hours 
shall  be  divided  into  two  working  periods  of  equal  length. 

Exceeds  normal  but  does  not  exceed  21  pounds  8  SO  mins. 

Exceeds  21  but  does  not  exceed  30  pounds.  ...  6  Ihr. 

Exceeds  30  but  does  not  exceed  35  pounds ....  J|^  2  hrs. 

Exceeds  35  but  does  not  exceed  J/.0  pounds.  ...  S  3  hrs. 

Exceeds  JfO  but  does  not  exceed  45  pounds.  ...  2  4  hrs. 

Exceeds  45  but  does  not  exceed  50  pounds.  . .  .  i^  5  hrs. 

Except  in  cases  of  emergency,  no  person  shall  be  employed  or 
permitted  to  remain  in  any  tunnel,  caisson,  compartment  or  place 
where  the  air  pressure  exceeds  fifty  pounds. 

Note. —  Rewritten  from  a  portion  of  old  §  134-a. 

§  397.  Rate  and  time  of  decompression.  No  person  shall  he 
permitted  to  pass  from  any  tunnel,  caisson,  compartment  or  place 
where  he  has  been  employed  in  compressed  air  to  normal  pressure 
without  passing  through  an  intermediate  loch  or  stage  of  decom- 
pression. When  the  employees  are  passing  from  a  tunnel  to  nor- 
mal pressure,  the  rate  of  decompression  shall  be  three  pounds 


268     Appendix  I  —  Bills  Submitted  to  the  Legislatueb 

every  two  minutes  except  when  the  air  pressure  in  such  tunnel 
exceeds  thirty-six  pounds  in  which  case  the  rate  of  decompression 
shall  be  on/i  pound  every  minute.  When  the  employees  are  passing 
from,  a  caisson,  compartment,  or  place  to  normal  pressure,  the  time 
of  decompression  shall  he  as  follows: 

Time  of 
When  the  pressure  In  a  caisson,  compartment  or  place :  decompression 

Exceeds  normal  but  does  not  exceed  10  pounds.  ...  1  min. 

Exceeds  10  but  does  not  exceed  15  pounds 2  rnins^ 

Exceeds  15  but  does  not  exceed  20  pounds 5  miru'i. 

Exceeds  20  but  does  not  exceed  25  pounds 10  mins. 

Exceeds  25  but  does  not  exceed  30  pounds 12  mins. 

Exceeds  SO  but  does  not  exceed  36  pounds 15  mins. 

Exceeds  36  but  does  not  e.;   eed  40  pounds 20  mins. 

Exceeds  40  but  does  not  exceed  50  pounds 25  mins. 

Note. —  Rewritten  from  a  portion  of  old  §  134-a. 

ARTICLE  15. 

VIOLATIONS    AND    PENALTIES. 

Section  405.  Civil  penalties  for  violations. 

406.  Summary  action  to  prevent  violaiions. 

§  405.  Civil  penalties  for  violations.  1.  Any  person  who  vio- 
lates or  does  not  comply  with  any  provision  of  this  chapter,  any 
provision  of  rules  made  under  authority  granted  in  this  chapter, 
or  any  lawful  order  of  the  commissioner,  and  any  person  who 
knowingly  makes  or  permits  to  be  made  a  false  statement  ar 
entry  in  or  in  relation  to  any  affidavit,  certificate,  transcript,  time- 
book,  register,  record,  report,  documentary  evidence  or  other 
papers  required  to  be  made  or  kept  under  any  provision  of  this 
chapter,  is  liahle  to  a  civil  penalty  of  not  exceeding  fifty  dollars 
for  each  such  violation.  Any  person  who  having  been  served  by  the 
commissioner  with  an  order  to  comply  with  any  provision  of  this 
chapter  or  of  rules  made  thereunder  fails  to  comply  with  such 
order  within  the  time  specified  therein,  or,  if  no  time  be  specified, 
within  five  days  after  such  service,  shall  be  liahle  to  a  civil  penalty 
of  not  to  exceed  two  hundred  and  fifty  dollars. 

2.  The  liability  to  the  penalties  provided  by  this  section  shall 
be  in  addition  to  liability  to  prosecution  for  a  misdemeanor. 

3.  The  commissioner  in  his  name  of  office  may  bring  an  action 
for  the  recovery  of  any  penalty  under  this  section. 

Note. —  New.    Covers  various  provisions  of  existing  law. 


Appendix  I  —  Bills  Submitted  to  the  Legislatuee     269 

§  Ii-OG.  Summary  action  to  prevent  violations.  1.  The  com- 
missioner  may  require  any  building,  structure,  enclosure  or  .place 
of  employment  to  he  vacated  if  in  his  opinion  it  is,  because  of  a 
violation  of  any  provision  of  this  chapter  or  of  any  rules  made 
thereunder,  so  unsafe  or  unsanitary  as  to  endanger  life  or  health. 

2.  In  case  any  lawful  order  issued  by  the  commissioner  is  not 
complied  with,  or  the  commissioner  certifies  in  writing  that  an 
emergency  exists  requiring  such  auction,  he  may  issue  an  order  as 
provided  in  subdivision  one  of  this  section.  Su£h  order  shall  be 
addressed  and  served  as  provided  in  section  forty-six.  Wherir 
ever  any  order  to  vacate  served  as  aforesaid  shall  not  have  been 
complied  with,  within  the  time  designated  therein,  the  commis- 
sioner may  apply  to  any  judge  of  the  supreme  court,  who,  upon 
such  notice  as  he  may  fix,  may  grant  an  order  directing  the  com- 
missioner to  vacate  such  building  or  premises,  or  so  much  thereof 
as  said  commissioner  may  deem  necessary,  and  prohibiting  and 
enjoining  all  persons  from  using  or  occupying  the  same  for  any 
purpose  until  such  measures  are  taken  as  may  be  required  by  such 
order. 

Note. —  New. 

ARTICLE  XVI. 

LAWS  REPEALED;  WHEN  TO  TAKE  EFFECT. 

Section  [240J-575.  Laws  repealed. 

124:12376.  When  to  take  effect. 

§  £240]  Jf-lO.  Laws  repealed.  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified  in  the  last  column 
is  hereby  repealed. 

§  [241 J  J^ll.  When  to  take  effect.  This  chapter  shall  take 
effect  immediately. 

Schedule  of  Laws  Repealed. 

Laws  of  Chapter  Section 

1833 87 All 

1853 641 All 

1867 856 All 

1867 969 All 


270     Appendix  I  —  Bills  Submitted  to  the  Legislature 


Laws  of 

Chapter 

Section 

1868 

...     717 

2,  part  suspending  opera- 
tion of  L.  1867,  Ch.  969, 
§  10,  last  two  sentences 

1869 

...     822 

2,  part  amending  L.  1867, 
Ch.  969 

1870 

. ..     385 

.      All 

1871 

. ..     934 

3 

1874 

...      614 

.      All 

1875 

. ..     472 

.      All 

1881 

. . .     298 

.      All 

1883 

. ..     356 

.      All 

1885 

...     314 

.      All 

1885 

. ..     376 

.      All 

1886 

...      151 

.      All 

1886 

. .  .     205 

.      All 

1886 

...     409 

All,  except  §  21,  as  added 

by  L.  1887,  Ch.  462,  §  4 

1886 

, . .     410 

.      All 

1887 

63 

.      All 

1887 

. . .     323 

.      All 

1887 

. ..     462.ia.A.v.. 

.      AU 

1887 

. ..     529 

.      All 

1888 

. . .     437 

.      All 

1889 

. ..     380 

.      All 

1889 

. ..     381 

.      All 

1889 , 

. . .     385 

.      All 

1889 

. ..     560 

.      All 

1890 

. ..     218 

.      All 

1890 

,  . ,      388 

.      All 

1890 

. ..      394 

.      All 

1890 

. ..     398 

.      All 

1891 

.  ..      214 

.      All 

1892 , 

. ..     517 

.      All 

1892 

. .  .     667 

.      All 

1892 

. ..     673 

.      All 

1892 , 

. ..     711 

.      All 

1893 

...     173 

.      All 

1893 

...     219 

.      All 

1893 

. . .     339 

.      All 

1893 

. ..      691 

.      All 

1893 

...     715 

.      All 

Appendix  I  —  Bills  Submitted  to  the  Legislature     271 


Laws  of 

Chapter 

Section 

1893 

...  717 

. .   All 

1894 

. ..  277 

..   All 

1894 

. ..  373 

. .   All 

1894 

. . .  622 

..   All 

1894 

. . .  698 

. .   All 

1894 

. ..  699 

. .   All 

1895 

. ..   324 

. .   All 

1895 

. ..  413 

. .   All 

1895 

. ..   518 

. .   All 

1895 

. ..  670 

. .   All 

1895 

. ..  765 

. .   All 

1895 

. ..  791 

. .   All 

1895 

. ..  899 

. .   All 

1896 

. ..  271 

. .   All 

1896 

. ..  384 

. .   All 

1896 

. . .  672 

. .   All 

1896 

. . .  789 

. .   All 

1896 

. . .  931 

1-4,  6,  7 

1896 

. ..  936 

..   All 

1896 

. ..  982 

..   All 

1896 

. ..  991 

..   All 

1897 

. . .   148 

..   All 

1897 

. . .  415 

..   All 

1899 

. . .   191 

. .   All 

1899 

. . .   192 

..   All 

1899 

...  375 

..   All 

1899 

.. .   558 

..   All 

1899 

...   567 ' 

..   All 

1900 

...   298 

..   All 

1900 

...   533 

..   All 

1901 

9 

..   All 

1901 

.. .   306 

..   All 

1901. 

. .  .  475 

. .   All 

1901 

...  477 

..   All 

1901 

...  478 

..   All 

1902 

88 

..   All 

1902 

...  454 

..   All 

1902 

...   600 

..   All 

1903 

. .  .   151 

..   All 

1903.  . 

184 

. .   All 

1903 

...  255 

..   All 

272  Appendix  I 

—  Bills  S 

lUBMITTED  TO  TH2 

Laws  of 

Chapter 

Section 

1903 

561 

All 

1904 

291 

All 

1904  

523 

550 

All 

1904 

All 

1905 

493 

All 

1905 

518 

519 

All 

1905 

All 

1905 

520 

All 

1906 

129 

All 

1906  

158 

All 

1906 

178 

All 

1906 

216 

All 

1906 

275 

All 

1906 

316 

All 

1900 

366 

375.... 
401 

All 

1906 

AU 

1906 

All 

1906 

490 

All 

1906 

506 

All 

1907 

83.... 

All 

1907 

243 

All 

1907..... 

286 

All 

1907 

291 

All 

1907 

399.... 

All 

1907 

418 

All 

1907 

485 

All 

1907 

490 

All 

1907 

505 

All 

1907 

507.... 

All 

1907 

588 

All 

1907 

627 

All 

1908 

89.... 

All 

1908 

174.... 

All 

1908 

426 

All 

1908 

442 

All 

1908 

443 

All 

1908 

520 

All 

§  2.  Articles  seven,  thirteen,  fourteen  and  fifteen  of  said  chap- 
ter are  hereby  repealed  and  sections  nine,  twelve,  eighteen,  nine- 
teen, twenty,  twenty-a,  twenty-one,  twenty-two  (entitled  "  duties 


Appendix  I  —  Bills  Submitted  to  the  Legislature     273 

relating  to  apprentices"),  seventy-three,  eighty-seven,  ninety,  one 
hundred  and  twenty-six,  one  hundred  and  thirty-four,  one  hundred 
and  thirty-four-c,  one  hundred  and  thirty-five,  one  hundred  and 
thirty-six,  one  hundred  and  fifty-five,  one  hundred  and  sixty,  one 
hundred  and  sixty-one-b,  one  hundred  and  sixty-two,  one  hundred 
and  sixty-three,  one  hundred  and  sixty-four,  one  hundred  and 
sixty-five,  one  hundred  and  sixty-six,  one  hundred  and  sixty- 
seven,  one  hundred  and  seventy,  one  hundred  and  seventy-two  and 
one  hundred  and  seventy-three  of  said  chapter  and  all  other  sec- 
tions thereof  not  amended  by  or  included  in  section  one  of  this 
act,  are  hereby  repealed. 

§  3.  Section  ninety-four  of  chapter  twenty-one  of  the  laws  of 
nineteen  hundred  and  nine,  entitled  "An  act  relating  to  education, 
constituting  chapter  sixteen  of  the  consolidated  laws,"  as  amended 
dred  and  ten,  is  hereby  further  amended  by  adding  thereto  a  new 
by  chapter  one  hundred  and  forty  of  the  laws  of  nineteen  hun- 
subdivision  after  subdivision  eight  to  be  subdivision  eight-a  thereof 
and  to  read  as  follows : 

8-a.  The  commissioner  shall  procure  with  the  consent  of  the  fed- 
eral authorities  complete  lists  giving  the  names,  ages  and  destinor 
tion  within  the  state  of  all  alien  children  of  school  age  and  such 
other  facts  as  will  tend  to  identify  them,  and  shall  deliver  copies  of 
such  lists  to  the  several  boards  of  education  and  school  boards  in 
the  respective  localities  within  the  state  to  which  said  children  shall 
be  destined,  to  aid  in  the  enforcement  of  the  provisions  of  the  edur 
cation  law  relative  to  the  compulsory  attendance  at  school  of  chil- 
dren of  school  age. 

Note. —  Taken  from  old  section  ]53,  subdivision  2,  of  the  Labor  Law,  with- 
out cliange  of  substance,  except  that  the  duty  is  transferred  from  the  com- 
missioner of  labor  to  the  commissioner  of  education. 

§  4.  Chapter  twenty-one  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  relating  to  education,  constituting  chapter 
sixteen  of  the  consolidated  laws,"  as  amended  by  chapter  one  hun- 
dred and  forty  of  the  laws  of  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  adding  thereto  a  new  article  after  article 
twenty-two,  to  be  article  twenty-two-a  thereof,  to  read  as  fol- 
lows: 


274     Appendix  I  —  Bills  Submitted  to  the  Legislatube 
ARTICLE  22-A, 

EMPLOYMENT  OF  CHILDREN  IN  STREET  TRADES. 
Section  610.  Prohibited  employment  of  children  in  street  trades. 

611.  Permit  and  badge  for  children  engaged  in  street 

trades,  how  issued. 

612.  Contents  of  permit  and  badge. 

613.  Regidations  concerning  badge  and  permit. 

614.  Limit  of  hours. 

615.  Employment  of  children  in  carrying  and  distribut- 

ing newspapers. 

616.  Enforcement  of  article. 

617.  Violation  of  this  article,  how  punished. 

618.  Punishment   of  parent,  guardian   or   other  person 

corvtrihuting  to  the  delinquency  of  children. 

§  610.  Prohibited  employment  of  children  in  street  trades.  No 
male  child  under  twelve,  and  no  girl  under  sixteen  years  of  age, 
shall  in  any  city  of  the  first,  second  or  third  class  sell  or  expose 
or  offer  for  sale  newspapers,  magazines  or  periodicals  in  any  street 
or  public  place. 

%  611.  Permit  and  badge  for  children  engaged  in  street  trades, 
how  issued.  No  male  child  under  fourteen  years  of  age  shall  sell 
or  expose  or  offer  for  sale  said  articles  unless  a  permit  and  badge 
as  hereinafter  provided  shall  have  been  issued  to  him  by  the  dis- 
trict superintendent  of  the  board  of  education  of  the  city  and  school 
district  ivhere  said  child  resides,  or  by  such  other  officer  thereof 
as  may  be  officially  designated  by  such  board  for  that  purpose, 
on  the  application  of  the  parent,  guardian  or  other  person  having 
the  custody  of  the  child  desiring  such  permit  and  badge,  or  in  case 
said  child  has  no  parent,  guardian  or  custodian  then  on  the  applicor 
tion  of  his  next  friend,  being  an  adult.  Such  permit  and  badge 
shall  not  be  issued  until  the  officer  issuing  the  same  shall  have  re- 
ceived, examined,  approved  and  placed  on  file  in  his  office  satis- 
factory proof  that  such  male  child  is  of  the  age  of  twelve  years  or 
upwards,  and  shall  also  have  received,  examined  and  placed  on  file 
the  written  statement  of  the  principal  or  chief  executive  officer 
of  the  school  which  the  child  is  attending,  stating  that  such  child 
is  an  attendant  at  such  school,  that  he  is  of  normal  development  of 
a  child  of  his  age  and  physically  fit  for  such  employment,  and  that 
said  principal  or  chief  executive  officer  approves  the  granting  of  a 


Appendix  I  —  Bills  Submitted  to  the  Legislature     275 

permit  and  badge  to  such  child.  No  such  permit  or  badge  shall 
be  valid  for  any  purpose  except  during  the  period  in  which  such 
proof  and  written  statement  shall  remain  on  file,  nor  shall  such 
permit  or  badge  be  authority  beyond  the  period  fixed  therein 
for  its  duration.  After  having  received,  examined  and  placed 
on  file  such  papers  the  officer  shall  issue  to  the  child  a  permit  and 
badge.  Principals  or  chief  executive  officers  of  schools  in  which 
children  under  fourteen  years  are  pupils  shall  keep  complete  lists 
of  all  children  in  their  schools  to  whom  a  permit  and  badge  as 
herein  provided  have  been  granted. 

§  612.  Contents  of  permit  and  badge.  Such  permit  shall  state 
the  date  and  place  of  birth  of  the  child,  the  name  and  address  of 
its  parent,  guardian,  custodian  or  next  friend,  as  the  case  may  be, 
and  describe  the  color  of  hair  and  eyes,  the  height,  weight  and  any 
distinguishing  facial  mark  of  such  child,  and  shall  further  state 
that  the  papers  rec^uired  by  the  preceding  section  have  been  duly 
examined  and  filed;  and  that  the  child  named  in  such  permit  has 
appeared  before  the  officer  issuing  the  permit.  The  badge  fur- 
nished by  the  officer  issuing  the  permit  shall  bear  on  its  face  a 
number  corresponding  to  the  number  of  the  permit,  and  the  name 
of  the  child.  Every  such  permit,  and  every  such  badge  on  its  re- 
verse side,  shall  be  signed  in  the  presence  of  the  officer  issuing  the 
same  by  the  child  in  whose  name  it  is  issued. 

§  61S.  Regulations  concerning  badge  and  permit.  The  badge 
provided  for  herein  shall  be  worn  conspicuously  at  all  times  by 
such  child  while  so  working;  and  all  such  permits  and  badges  shall 
expire  annually  on  the  first  day  of  January.  The  color  of  the 
badge  shall  be  changed  each  year.  No  child  to  whom  such  permit 
and  badge  are  issued  shall  transfer  the  same  to  any  other  person 
nor  be  engaged  in  any  city  of  the  first,  second  or  third  class  as  a 
newsboy,  or  shall  sell  or  expose  or  offer  for  sale  newspapers,  maga- 
zines or  periodicals  in  any  street  or  public  place  without  having 
conspicuously  upon  his  person  such  badge,  and  he  shall  exhibit  the 
same  upon  demand  at  any  time  to  any  police,  or  attendance  officer. 

§  61Jj^.  Limit  of  hours.  No  child  to  whom  a  permit  and  badge 
are  issued  as  provided  for  in  the  preceding  section  shall  sell  or  ex- 
pose or  offer  for  sale  any  newspapers,  magazines  or  periodicals 
after  eight  o'clock  in  the  evening,  or  before  six  o'clock  in  the 
morning. 


276     Appendix  I  —  Bills  Submitted  to  the  Legislature 

§  615.  Employment  of  children  in  carrying  and  distributing 
newspapers.  Upon  obtaining  a  permit  and  badge  05  provided  by 
this  section,  a  male  child  over  twelve  years  of  age  between  the  close 
of  school  and  six-thirty  o'clock  in  the  afternoon  and  a  male  child 
over  fourteen  years  of  age  between  five-thirty  and  eight  o'clock  in 
the  morning  may  be  employed  to  carry  and  distribute  newspapers 
on  a  newspaper  route  in  a  city  or  village,  if  no  other  work  or  em- 
ployment be  required  or  permitted  to  be  done  by  any  such  child  dur- 
ing that  time.  The  badge  or  permit  required  by  this  section  shall 
be  issued  to  such  child  by  the  district  superintendent  or  the  board 
of  education  of  the  city  or  village  and  school  district  where  such 
child  resides,  or  by  such  other  officer  thereof  as  may  be  officially 
designated  by  such  board  for  that  purpose,  on  the  application  of 
the  parent,  guardian  or  other  person  having  the  custody  of  the 
child  desiring  such  permit  and  badge,  or  in  case  such  child  has  no 
parent,  guardian  or  custodian  then  on  the  application  of  his  next 
friend,  being  an  adult,  Su^h  permit  and  badge  shall  not  be  issued 
until  the  officer  issuing  the  same  shall  have  received,  examined, 
approved  and  placed  on  file  in  his  office  satisfactory  proof  that  such 
male  child  is  of  the  age  prescribed  by  this  section,  and  shall  also 
have  received,  examined  and  placed  on  file  the  written  statement  of 
the  principal  or  chief  executive  officer  of  the  school  which  the 
child  is  attending,  staling  that  such  child  is  an  attendant  at  such 
school,  that  he  is  of  the  normal  development  of  a  child  of  his  age 
and  physically  fit  for  such  employment,  and  that  such  principal 
or  chief  executive  officer  approves  the  granting  of  a  permit  and 
badge  to  such  child.  No  such  permit  or  badge  shall  he  valid  for 
any  purpose  except  during  the  period  in  which  such  proof  and 
written  statement  shall  remain  on  file,  nor  shall  such  permit  or 
badge  be  authority  beyond  the  period  fixed  therein  for  its  duration. 
After  having  received,  examined  and  placed  on  file  such  papers  the 
officer  shall  issue  to  the  child  a  permit  and  badge.  Such  permit 
shall  state  the  date  and  place  of  birth  of  the  child,  the  name  and 
address  of  its  parent,  guardian,  custodian  or  next  friend,  as  the 
case  may  be,  and  describe  the  color  of  hair  and  eyes,  the  height  and 
weight  and  any  distinguishing  facial  mark  of  such  child,  and  shall 
further  state  that  the  papers  required  by  this  section  have  been 
duly  examined  and  filed;  and  that  the  child  named  in  such  permit 
has  appeared  before  the  officer  issuing  the  permit.  The  badge 
furnished  by  the  officer  issuing  the  permit  shall  hear  on  its  face  a 
number  corresponding  with  the  number  of  the  permit,  and  the 


Appendix  I  —  Hills  Submitted  to  the  Legislatuee     2YY 

name  of  the  child.  Every  svxh  permit,  and  every  such  badge  on 
its  reverse  side,  shall  he  signed  in  the  presence  of  the  officer  issuing 
the  same  by  the  child  in  whose  name  it  is  issued.  The  badge  pro- 
vided for  herein  shall  be  worn  conspicuously  at  all  timers  by  such 
child  while  so  working;  and  all  such  permits  and  badges  shall 
expire  annually  on  the  first  day  of  January.  The  color  of  the 
badge  shall  be  changed  each  year.  No  child  to  whom  such  permit 
and  badge  are  issued  shall  transfer  the  same  to  any  other  person 
nor  he  engaged  in  any  city  or  village  in  distributing  newspapers 
without  having  conspicuously  upon  his  person  such  badge,  and  he 
shall  exhibit  the  same  upon  demand  at  any  time  to  any  police  or 
attendance  officer. 

%  616.  Enforcement  of  article.  In  cities  of  the  first,  second  or 
third  class,  police  officers,  and  the  regular  attendance  officers  ap- 
pointed by  the  board  of  education,  who  are  hereby  vested  with  the 
powers  of  peace  officers  for  the  purpose,  shall  enforce  the  provi- 
sions of  this  article. 

§  617.  Violation  of  this  article,  how  punished.  Any  child  who 
shall,  in  any  city  of  the  first,  second  or  third  class,  sell  or  expose 
or  offer  for  sale  newspapers,  magazines  or  periodicals  in  violation 
of  the  provisions  of  this  article  may  he  deemed  and  adjudged  in 
need  of  the  care  and  protection  of  the  state,  and  if  over  seven  years 
of  age  may  be  adjudged  guilty  of  juvenile  delinquency.  A  child 
violating  the  provisions  of  this  act  may  he  arrested  and  in  the  city 
of  New  York  be  brought  before  a  children's  court  and  in  any  other 
city  be  brought  before  a  court  or  magistrate  having  jurisdiction  to 
commit  a  child  to  an  incorporated  charitable  reformatory  or  other 
institution  and  be  dealt  with  according  to  law.  If  any  such  child 
is  committed  to  an  institution,  it  shall,  when  practicable,  he  com- 
mitted to  an  institution  governed  by  the  same  religious  faith  as 
the  parents  of  such  child.  The  permit  and  badge  of  any  child  who 
violates  the  provisions  of  this  article  may  he  revoked  by  the  officer 
issuing  the  same,  upon  the  recommendation  of  the  principal  or 
chief  executive  officer  of  the  school  which  such  child  is  attending, 
or  upon  the  complaint  of  any  police  officer  or  attendance  officer, 
and  such  child  shall  surrender  the  permit  and  badge  so  revoked 
upon  the  demand  of  any  attendance  officer  or  police  officer  charged 
with  the  duty  of  enforcing  the  provisions  of  this  article.  The  re- 
fusal of  any  child  to  surrender  such  permit  and  badge,  upon  such 


278     Appendix  I- — Bills  Submitted  to  the  Leotslattjke 

demand,  or  the  sale  or  offering  for  sale  of  newspapers,  magazines 
or  periodicals  in  any  street  or  public  place  by  any  child  after  notice 
of  the  revocation  of  such  permit  and  badge  shall  be  deemed  a  vio- 
lation of  this  article  and  shall  subject  the  child  to  the  penalties 
provided  for  in  this  section. 

§  618.  Punishment  of  parent,  guardian  or  other  person  for  con- 
tributing to  the  delinquency  of  children.  The  parent,  guardian  or 
other  person  having  the  custody  of  a  child,  who  omits  to  exercise 
reasonable  diligence  to  prevent  such  child  from  violating  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
dealt  with  as  provided  by  section  four  hundred  and  ninety-four  of 
the  penal  law.  In  any  suxh  proceedings  against  any  such  parent, 
gicardian  or  other  person  having  custody  of  such  child,  proof  of  the 
presence  of  such  child  in  the  public  streets  engaged  in  the  sale 
or  exposure  or  offering  for  sale  of  newspapers,  magazines  or  peri- 
odicals in  violation  of  the  provisions  of  this  article,  shall  be  deemed 
prima  facie  proof  of  the  lack  of  reasonable  diligence  in  the  con- 
trol of  such  child  by  such  parent,  guardian  or  custodian,  to  pre- 
vent such  offense  by  such  child. 

Note. — All  of  the  foregoing  sections,  except  §  615,  taken  without  change 
of  substance  from  Article  XV  of  the  Labor  Law;  §  615  taken  without  change 
from  old  §  161-b  of  the  Labor  Law. 

§  5.  Chapter  twentj-eight  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  ''An  act  relating  to  corporations  generally,  consti- 
tuting chapter  twenty-three  of  the  consolidated  laws,"  is  hereby 
amended  by  adding  thereto  a  new  section,  to  be  section  two  hun- 
dred and  sixty-one-a  thereof,  and  to  read  as  follows : 

§  261-a.  Payment  of  wages  by  receivers.  Upon  the  appoint- 
ment of  a  receiver  of  a  corporation  organized  under  the  laws  of 
this  state  and  doing  business  therein,  other  than  a  moneyed  corpo- 
ration, the  wages  of  the  employees  of  such  corporation  shall  be 
preferred  io  every  other  debt  or  claim.  The  provisions  of  section 
two  hundred  and  thirty  of  this  chapter  do  not  apply  to  the  provi- 
sions of  this  section. 
Note. —  Taken  without  change  of  substance  from  §  9  of  the  Labor  Law. 

§  6.  Chapter  forty-four  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  in  relation  to  partnership,  constituting  chap- 
ter thirty-nine  of  the  consolidated  laws,"  is  hereby  amended  by 


Appexdix  I  —  Bills  StiBivnTTED  to  the  Legislatuee     279 

adding  thereto  a  new  section,  to  be  section  eight  thereof,  and  to 
read  as  follows : 

§  8.  Payment  of  wages  hy  receivers.     Upon  the  appointment  of 
a  receiver  of  a  partnership  the  wages  of  the  employees  of  such 
partnership  shall  he  preferred  to  every  other  debt  or  claim. 
Note. —  Taken  without  change  of  substance  from  §  9  of  the  Labor  Law. 

§  7.  Section  twelve  hundred  and  seventy-five  of  chapter 
eightv-eight  of  the  laws  of  nineteen  hundred  and  nine,  entitled 
"  An  act  to  provide  for  the  punishment  of  crime,  constituting 
chapter  forty  of  the  consolidated  laws,"  as  amended  by  chapter 
seven  hundred  and  forty-nine  of  the  laws  of  nineteen  hundred 
and  eleven,  chapter  three  hundred  and  eighty-three  of  the  laws  of 
nineteen  hundred  and  twelve  and  chapter  three  hundred  and  forty- 
nine  of  the  laws  of  nineteen  hundred  and  thirteen,  is  hereby 
further  amended  to  read  as  follows : 

§  1275.  Violations  of  provisions  of  labor  law;  the  industrial 
code;  the  rules  and  regulations  of  the  industrial  board  of  the  de- 
partment of  labor;  orders  of  the  commissioner  of  labor.  Any  per- 
son who  violates  or  does  not  comply  with  any  provision  of  the 
labor  law,  any  provision  of  the  industrial  code,  any  rule  or  regu- 
lation of  the  industrial  board  of  the  department  of  labor,  or  any 
lawful  order  of  the  commissioner  of  labor;  and  any  person  who 
knowingly  makes  or  permits  to  be  made  a  false  statement  or  entry 
in  or  in  relation  to  [any  application  made  for  an  employment  cer- 
tificate as  to  any  matter  required  by  articles  six  and  eleven  of  the 
labor  law  to  appear  in  any  affidavit,  record,  transcript  or  certifi- 
cate therein  provided  for,]  any  affidavit,  certificate,  transcript, 
time-hook,  register,  record,  report,  documentary  evidence  or  other 
papers  required  to  he  made  or  kept  under  any  provision  of  the 
labor  law  is  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished,  except  as  in  this  chapter  otherwise  provided,  for  a  first 
offense  by  a  fine  of  not  less  than  twenty  nor  more  than  fifty 
dollars  or  by  imprisonment  for  not  more  than  ten  days  or  hy  both 
such  fine  and  imprisonment',  for  a  second  offense  by  a  fine  of 
not  less  than  fifty  nor  more  than  two  hundred  and  fifty  dollars, 
or  by  imprisonment  for  not  more  than  thirty  days  or  by  both 
such  fine  and  imprisonment;  for  a  third  or  subsequent  offense  by 
a  fine  of  not  less  than  two  hundred  and  fifty  dollars  nor  more 
than  five  thousand  dollars,  or  by  imprisonment  for  not  more  than 
sixty  days,  or  by  both  such  fine  and  imprisonment. 


280     Appendix  T  —  Bills  Submitted  to  the  Legislature 

§  8.  Sections  six  hundred  and  twenty,  twelve  hundred  and  sev- 
enty, twelve  hundred  and  seventy-one,  twelve  hundred  and  seventy- 
two,  twelve  hundred  and  seventy-four,  twelve  hundred  and  seventy- 
six  and  twelve  hundred  and  seventy-seven  of  chapter  eighty-eight 
of  the  laws  of  nineteen  hundred  and  nine,  entitled  "An  act  to 
provide  for  the  punishment  of  crime,  constituting  chapter  forty 
of  the  consolidated  laws,"  as  amended,  are  hereby  repealed. 

§  9.  There  is  hereby  enacted  a  new  chapter  of  the  consolidated 
laws  to  be  chapter  sixty-eight  thereof,  and  inserted  after  chapter 
sixty-seven  and  to  read  as  follows; 

CHAPTER  LXVIII  OF  THE  CONSOLIDATED  LAWS. 

EMPLOYERS'  LIABILITY. 

Article  1.  Short  title.     (§1.) 

jg.  Employers'  liability.     (§§  2-15.) 
S,  Laws    repealed;    construction;   when    to    take   effect. 
(§,§  16-18.) 

ARTICLE  1. 

SHORT   TITLE, 

Section  1.  Short  title. 

Section  1.  Short  title.  This  chapter  shall  he  known  as  the 
"  employers'  liability  law." 

ARTICLE  2. 

EMPLOYERS'  LIABILITY. 

Section  2.  Employer  s  liability  for  injuries. 
S.  Notice  to  be  served. 

J/..  Assumption  of  risks;  contributory  negligence,  when  a 
question  of  fact. 

5.  Trial;  burden  of  proof. 

6.  Defense;  insurance  fund. 

7.  Existing  rights  of  action  continued. 

8.  Consent  by  employer  and  employee  to  compensation 

plan. 

9.  Liability  to  pay  compensation;  notice  of  accident. 

10.  Amount  of  compensation;  persons  entitled;  physical 

examination. 

11.  Settlement  of  disputes. 


Appendix  I  —  Bills  Submitted  to  the  Legislatdee     281 

12.  Preferential  claim;  not  ossigTwhle  or  subject  to  attachr 

ment;  attorney's  fee. 

13.  Cancellation  of  consent.    ' 

IJf.  Reports  of  compensation  plan. 
15.  Reports  hy  employer. 

§  2.  Employer's  liability  for  injuries.  When  personal  injury 
is  caused  to  an  em^ployee  who  is  himself  in  the  exercise  of  dv^ 
care  and  diligence  at  the  time: 

1.  By  reason  of  any  defect  in  the  condition  of  the  ways,  worhs, 
machinery,  or  plant,  connected  with  or  used  in  the  bitsiness  of  the 
employer  which  arose  from  or  had  not  been  discovered  or  remedied 
owing  to  the  negligence  of  the  employer  or  of  any  person  in  the 
service  of  the  employer  and  intrusted  by  him  with  the  duty  of 
seeing  that  the  ways,  worJcs,  machinery,  or  plant,  were  in  proper 
condition; 

2.  By  reason  of  the  negligence  of  any  person  in  the  service  of 
the  employer  intrusted  with  any  superintendence  or  by  reason  of 
the  negligence  of  any  person  intrusted  with  authority  to  direct, 
control  or  command  any  employee  in  the  performance  of  the  duty 
of  such  employee.  The  employee,  or  in  case  the  injury  results  in 
death,  the  executor  or  administrator  of  a  deceased  employee  who 
has  left  him  surviving  a  husband,  wife  or  next  of  kin,  shall  have 
the  same  right  of  compensation  and  remedies  against  the  employer 
a<  if  the  employee  had  not  been  an  employee  of  nor  in  the  service 
of  the  employer  nor  engaged  in  his  work.  The  provisions  of  law 
relating  to  actions  for  causing  death  by  negligence,  so  far  as  the 
same  are  consistent  with  this  act,  shall  apply  to  an  action  brought 
by  an  executor  or  administrator  of  a  deceased  employee,  suing 
under  the  provisions  of  this  article.  If  an  employer  enters  into 
a  contract,  written  or  verbal,  with  an  independent  contractor  to 
do  part  of  such  employer's  work,  or  if  such  contractor  enters  into 
a  contract  with  a  subcontractor  to  do  all  or  any  part  of  the  work 
comprised  in  such  contractor  s  contract  with  the  employer,  such 
contract  or.  subcontract  shall  not  bar  the  liability  of  the  employer 
for  the  injuries  to  the  employees  of  such  contractor  or  subcon- 
t'^ actor,  caused  by  any  defect  in  the  condition  of  the  ways,  works, 
machinery,  or  plant,  if  they  are  the  property  of  the  employer  or 
are  furnished  by  him,  and  if  such  defect  arose,  or  had  not  been 
discovered  or  remedied,  through  the  negligence  of  the  employer, 


282     Appendix  I  —  Bills  Submitted  to  the  Legislature 

or  of  some  person  intrusted  hy  him  with  the  duty  of  seeing  that 
they  were  in  proper  condition. 

§  S.  Notice  to  he  served.  No  action  for  recovery  of  compensor 
tion  for  injury  or  death  under  this  article  shall  he  maintained 
unless  notice  of  the  time,  place  and  cav^e  of  the  injury  is  given 
to  the  employer  within  one  hundred  and  twenty  days  and  the  ac- 
tion is  commenced  within  one  year  after  the  occurrence  of  the 
accident  causing  the  injury  or  death.  The  notice  required  hy  this 
section  shall  he  in  writing  and  signed  hy  the  person  injured  or 
hy  some  one  in  his  behalf,  hut  if  from  physical  or  mental  in- 
capacity it  is  impossible  for  the  person  injured  to  give  notice 
within  the  time  provided  in  this  section,  he  may  give  the  same 
within  ten  days  after  such  incapacity  is  removed.  In  case  of  his 
death  without  having  given  such  notice,  his  executor  or  admin- 
istrator may  give  such  notice  within  sixty  days  after  his  appoint- 
ment, hut  no  notice  under  the  provisions  of  this  section  shall  he 
deemed  to  he  invalid  or  insufficient  solely  hy  reason  of  any  in- 
accuracy in  stating  the  time,  place  or  cause  of  the  injury  if  it  he 
shown  that  there  was  no  intention  to  mislead  and  that  the  party 
entitled  to  notice  was  not  in  fact  misled  therehy.  If  such  notice 
does  not  apprise  the  employer  of  the  time,  place  or  cause  of  in- 
jury, he  may,  within  eight  days  after  service  thereof,  serve  upon 
the  sender  a  writteri  demand  for  a  further  notice,  which  demand 
must  specify  the  particular  in  which  the  first  notice  is  claimed 
to  he  defective,  and  a  failure  hy  the  employer  to  malce  such  de- 
mand as  herein  provid-ed  shall  he  a  waiver  of  all  defects  that  the 
notice  may  contain.  After  service  of  such  demand  as  herein  pro- 
vided, the  sender  of  such  notice  may  at  any  time  within  eight 
days  thereafter  serve  an  amended  notice  which  shall  supersede 
such  first  notice  and  have  the  same  effect  as  an  original  notice 
hereunder.  The  notice  required  hy  this  section  shall  he  served  on 
the  employer,  or  if  there  is  more  than  one  employer,  upon  one  of 
such  employers,  and  may  he  served  hy  delivering  the  same  to  or  at 
the  residence  or  place  of  business  of  the  person  on  whom  it  is  to 
be  served.  The  notice  or  demand  may  he  served  hy  post  hy  letter 
addressed  to  the  person  on  whom  it  is  to  he  served,  at  his  last 
known  place  of  residence  or  place  of  business,  and  if  served  by 
post  shall  be  deemed  to  have  been  served  at  the  time  when  the 
letter  containing  the  same  would  be  delivered  in  the  ordinary 


Appendix  I  —  Bills  Submitted  to  the  Legislature     283 

course  of  the  post.  When  the  employer  is  a  corporation,  notice 
shall  be  served  by  delivering  the  same  or  by  sending  it  by  post 
addressed  to  the  office  or  principal  place  of  business  of  such  cor- 
poration. 

,§  ^.  Assumption  of  rishs;  contributory  negligence,  when  a  ques- 
tion of  fact.  An  employee  by  entering  upon  or  continuing  in  the 
service  of  the  employer  shall  be  presumed  to  have  assented  to  the 
necessary  risks  of  the  occupation  or  employment  and  no  others. 
The  necessary  risks  of  the  occupation  or  employment  shall,  in  all 
cases  arising  after  the  first  day  of  September,  nineteen  hundred 
and  ten,  be  considered  as  including  those  risks,  and  those  only,  in- 
herent in  the  nature  of  the  business  which  remain  after  the  em' 
ployer  has  exercised  due  care  in  providing  for  the  safety  of  his  em' 
ployees,  and  has  complied  with  the  laws  affecting  or  regulating 
such  business  or  occupation  for  the  greater  safety  of  such  env 
ployees.  In  an  action  brought  to  recover  damages  for  personal  iw 
jury  or  for  death  resulting  therefrom  received  after  the  first  day 
of  September,  nineteen  hundred  and  ten,  owing  to  any  cause,  in- 
cluding open  and  visible  defects,  for  which  the  employer  would  be 
liable  but  for  the  hitherto  available  defense  of  assumption  of  risk 
by  the  employee,  the  fact  that  the  employee  continued  in  the  serv- 
ice of  the  employer  in  the  same  place  and  course  of  employment 
after  the  discovery  by  such  employee,  or  after  he  had  been  in- 
formed of  the  danger  of  personal  injury  therefrom  shall  not  be, 
as  matter  of  fact  or  as  matter  of  law,  an  assumption  of  the  risk  of 
injury  therefrom,  but  an  employee,  or  his  legal  representative,  shall 
not  be  entitled  under  this  article  to  any  right  of  compensation  or 
remedy  against  the  employer  in  any  case  where  such  employee 
knew  of  the  defect  or  negligence  which  caused  the  injury  and 
failed,  within  a  reasonable  time,  to  give,  or  cause  to  be  given,  in- 
formation thereof  to  the  employer,  or  to  some  person  superior  to 
himself  in  the  service  of  the  employer,  or  who  had  intrusted  to 
him  some  superintendence,  unless  it  shall  appear  on  the  trial  that 
such  defect  or  negligence  was  known  to  such  employer,  or  superior 
person,  prior  to  such  injuries  to  the  employee;  or  unless  such  de- 
fect could  have  been  discovered  by  such  employer  by  reasonable 
and  proper  care,  tests  or  inspection. 

§  5.  Trial;  burden  of  proof.  On  the  trial  of  any  action  brought 
by  an  employee  or  his  personal  representative  to  recover  damages 


284     Appendix  I  —  Bills  Submitted  to  the  Legislatueb 

for  negligence  arising  out  of  and  in  the  course  of  such  employ 
ment,  contributory  negligence  of  the  injured  employee  shall  be  a 
defense  to  be  so  pleaded  and  proved  by  the  defendant. 

§  6.  Defense;  insurance  fund.  An  employer  who  shall  have 
contributed  to  an  insurance  fund  created  and  maintained  for  the 
mutual  purpose  of  indemnifying  an  employee  for  personal  in- 
juries, for  which  compensation  may  be  recovered  under  this  arti- 
cle, or  to  any  relief  society  or  benefit  fund  created  under  the  laws 
of  this  state,  may  prove  in  mitigation  of  damages  recoverable  by 
an  employee  under  this  article  such  proportion  of  the  pecuniary 
benefit  which  has  been  received  by  such  employee  from  such  fund 
or  society  on  account  of  such  contribution  of  the  employer,  as  the 
contribution  of  sv/)h  employer  to  such  fund  or  society  bears  to  the 
whole  contribution  thereto. 

§  7.  Existing  rights  of  action  continued.  Every  right  of  action 
existing  on  the  seventeenth  day  of  February,  nineteen  hundred 
and  nine,  for  negligence  or  to  recover  damages  for  injuries  result- 
ing in  death  is  continued  and  nothing  in  this  article  contained 
shall  be  construed  as  limiting  any  such  right  of  action,  nor  shall 
the  failure  to  give  the  notice  provided  for  in  section  three  of  this 
article  he  a  bar  to  the  maintenance  of  a  suit  upon  any  such  exist- 
ing right  of  action. 

§  8.  Consent  by  employer  and  employee  to  compensation  plan. 
When  and  if  any  employer  in  this  state  and  any  of  his  emplo^/ees 
shall  consent  to  the  compensation  plan  described  in  sections  nine 
to  fifteen,  inclusive,  of  this  article,  hereinafter  referred  to  as  the 
plan,  and  shall  signify  their  consent  thereto  in  writing  signed  by 
each  of  them  or  their  authorized  agents,  and  acknowledged  in  the 
manner  prescribed  by  law  for  talcing  the  acJcnowledgment  of  a  con- 
veyance of  reed  property,  and  such  writing  is  filed  with  the  county 
cleric  of  the  county  in  which  it  is  signed  by  the  employee,  then  so 
long  as  such  consent  has  not  expired  or  been  canceled  as  herein- 
after provided,  such  employee,  or  in  case  injury  to  him  results  in 
death,  his  executor  or  administrator,  shall  have  no  other  right  of 
action  against  the  employer  for  personal  injury  or  death  of  any 
hind,  under  any  statute  or  at  common  law,  save  under  the  plan  so 


Appendix  I  —  Bills  Submitted  to  the  Legislature     285 

consented  to,  except  where  personal  injury  to  the  employee  is 
caused  in  whole  or  in  part  by  the  failure  of  the  employer  to  obey 
a  valid  order  made  hy  the  commissioner  of  labor  or  other  public 
authority  authorized  to  require  the  employer  to  safeguard  his  em- 
ployees, or  where  such  injury  is  caused  by  the  seriotis  or  willful 
misconduct  of  the  employer.  In  such  excepted  cases  thus  de- 
scribed, no  right  of  action  which  the  employee  has  at  common  law 
or  by  any  other  statute  shall  be  affected  or  lost  by  his  consent  to 
the  plan,  if  such  employee,  or  in  case  of  death  his  executor  or  ad- 
ministrator, commences  such  action  before  accepting  any  benefit 
under  such  plan  or  giving  any  notice  of  injury  as  provided  in  sec- 
tion nine  hereof.  'The  commencing  of  any  legal  action  whatso- 
ever at  common  law  or  by  any  statute  against  the  employer  on  ac- 
count of  such  injury,  except  under  the  plan,  shall  bar  the  em- 
ployee, and  in  the  event  of  his  death  his  executors,  administrators, 
dependents  and  other  beneficiaries,  from  all  benefit  under  the 
plan.  This  section  and  sectioi^  nirx  to  fifteen,  incluHve,  of 
this  article  shall  not  apply  to  a  railroad  corporation,  foreign  or 
domestic,  doing  business  in  this  state,  or  a  receiver  thereof,  or  to 
any  person  employed  by  such  corporation  or  receiver. 

§  9.  Liability  to  pay  compensation;  notice  of  accident.  If  per- 
sonal injury  by  accident  arising  out  of  and  in  the  course  of  the  em- 
ployment is  caused  to  the  employee,  the  employer  shall,  subject  as 
hereinafter  mentioned,  be  liable  to  pay  compensation  under  the 
plan  at  the  rates  set  ovi  in  section  ten  of  this  article:  provided 
that  the  employer  shall  not  be  liable  in  respect  of  any  injury  which 
does  not  disable  the  employee  for  a  period  of  at  least  two  weeks 
from  earning  full  wages  at  the  worh  at  which  he  ivas  employed, 
%nd  that  the  employer  shall  not  be  liable  in  respect  of  any  injury 
to  the  employee  which  is  caused  by  the  serious  and  willful  miscon- 
duct  of  that  employee.  No  proceedings  for  recovery  under  the 
plan  provided  hereby  shall  be  maintained  unless  notice  of  the  ac- 
cident has  been  given  to  the  employer  as  soon  as  practicable  after 
the  happening  thereof  and  before  the  employee  has  voluntarily 
left  the  employment  in  which  he  was  injured  and  during  such 
disability,  and  unless  claim  for  compensation  with  respect  to  the 
accident  has  been  made  within  six  months  from  the  occurrence  of 
the  accident,  or  in  the  case  of  death  of  the  employee,  or  in  the 
event  of  his  physical  or  mental  incapacity  within  six  months  after 


286     Appendix  I  —  Bills  Submitted  to  the  Legislature 

such  death  or  removal  of  siich  physical  or  mental  incapacity,  or 
in  event  that  weekly  payments  have  been  made  under  the  plan, 
within  six  months  after  such  payments  have  ceased;  hut  no  want 
of  or  defect  or  inaccuracy  of  a  notice  shall  be  a  bar  to  the  mainr 
tenance  of  proceedings  under  the  plan  unless  the  employer  proves 
that  he  is  prejudiced  by  said  want,  defect  or  inaccuracy.  Notice 
of  the  accident  shall  apprise  the  employer  of  the  claim  for  com- 
pensation under  this  plan  and  shall  state  the  name  and  address  of 
the  employee  injured,  the  date  and  place  of  the  accident  and  in 
simple  language  the  cause  thereof.  The  notice  may  be  served  per- 
sonally or  by  sending  it  by  mail  in  a  registered  letter  addressed  to 
the  employer  at  his  last  known  residence  or  place  of  business. 

§  10.  Amount  of  compensation;  persons  entitled;  physical  ex- 
amination. The  amount  of  compensation  under  the  plan  sJmll 
he:  1.  In  case  death  results  from  injury: 

(a)  If  the  employee  leaves  a  widow  or  next  of  kin  at  the  time 
of  his  death  wholly  dependent  on  his  earnings,  a  sum  equal  to 
twelve  hundred  times  the  daily  earnings  of  the  employee  at  the 
rate  at  which  he  was  being  paid  by  the  employer  at  the  time  of  the 
accident,  but  not  more  in  any  event  than  three  thousand  dollars. 
Any  weekly  payments  previously  made  under  the  plan  shall  be 
deducted  in  ascertaining  such  amount  payable  on  death. 

(&)  If  such  widow  or  next  of  kin  or  any  of  them  are  in  part 
only  dependent  upon  his  earnings,  such  sum  not  exceeding  that 
provided  in  subdivision  a  as  may  be  determined  to  he  reasonable 
and  proportionate  to  the  injury  to  such  dependents. 

(c)  If  he  leaves  no  widow,  or  next  of  kin  so  dependent  in  whole 
or  in  part,  the  reasonable  expenses  of  his  medical  attendance  and 
burial,  not  exceeding  one  hurulred  dollars.  Whatever  sum  may  be 
determined  to  be  payable  under  the  plan,  in  case  of  death  of  the 
injured  employee,  shall  be  paid  to  his  legal  representative  for  the 
benefit  of  su^h  dependents,  or  if  he  leaves  no  such  dependents,  for 
the  benefit  of  the  person  to  whom  the  expenses  of  medical  attend- 
ance and  burial  are  due. 

2.  Where  total  or  partial  incapacity  for  work  at  any  gainful  em- 
ployment results  to  the  employee  from  the  injury,  a  weekly  pay- 
ment commencing  at  the  end  of  the  second  week  after  the  injury 
and  continuing  during  incapacity,  subject  as  herein  provided,  not 
exceeding  fifty  per  centum  of  his  average  weekly  earnings  when  at 


ArPENDix  I  —  Bills  Submitted  to  the  Legislature     287 

work  on  full  time  during  the  preceding  year  during  which  he  shall 
have  been  in  the  employment  of  the  same  employer,  or  if  he  shall 
have  been  employed  less  than  a  year,  then  a  ivcekly  payment  of 
not  exceeding  three  times  the  average  daily  earnings  on  full  time 
for  such  less  period. 

In  fixing  the  amount  of  the  weekly  payment,  regard  shall  he  had 
to  any  payment,  allowance  or  benefit  which  the  workman  may  have 
received  from  the  employer  during  the  period  of  his  incapacity, 
and  in  the  case  of  partial  incapacity  the  weekly  payment  shall  in 
no  case  exceed  the  difference  between  the  amount  of  the  average 
weekly  earnings  of  the  workman  before  the  accident  and  the  aver- 
age amount  which  he  is  earning  or  is  able  to  earn  in  some  suitable 
employment  or  business  after  the  accident  but  shall  amount  to  one- 
half  of  such  difference.  In  no  event  shall  any  weekly  payment 
payable  under  the  plan  exceed  ten  dollars  per  week  or  extend  over 
more  than  eight  years  from  the  date  of  the  accident.  Any  person 
entitled  to  receive  weekly  payments  under  the  plan  is  required,  if 
requested  by  the  employer,  to  submit  himself  for  examination  by 
a  duly  qualified  medical  practitioner  or  surgeon  provided  and  paid 
for  by  the  employer,  at  a  time  and  place  reasonably  convenient 
for  the  employee,  within  three  weeks  after  the  injury,  and  there- 
after at  intervals  not  oftener  than  once  in  six  weeks.  If  the  work- 
man refuses  so  to  submit  or  obstructs  the  same,  his  right  to  weekly 
paymenis  shall  be  suspended  until  such  examination  shall  have 
taken  place,  and  no  compensation  shall  be  payable  under  the  plan 
during  such  period.  In  cafe  an  injured  employee  .shall  be  men- 
tally incompetent  at  the  time  when  any  right  or  privilege  accrues 
to  him  under  the  plan,  a  committee  or  guardian  of  the  incompetent 
appointed  pursuant  to  law  may,  on  behalf  of  such  incompetent, 
claim  and  exercise  any  such  i-ight  or  privilege  with  the  same  force 
and  effect  as  if  the  employee  himself  had  been  competent  and  had 
claimed  or  exercised  any  such  right  or  privilege;  and  no  limitation 
of  time  herein  provided  for  shall  run  so  long  as  said  incompetent 
employee  has  no  committee  or  gu/irdian. 

§  11.  Settlement  of  disputes.  Any  question  of  law  or  fad 
arising  in  regard  to  the  application  of  the  plan  in  determining 
the  compensation  payable  thereunder  or  otherwise  shall  be  deter- 
mined either  by  agreement  or  by  arbitration  as  provided  in  the 
code  of  civil  procedure,  or  by  an  action  at  law  as  herein  provided. 
In  case  the  employer  shall  be  in  default  in  any  of  his  obligations 


288     Appendix  I  —  Bili>s  Submitted  to  the  Legislatuee 

to  the  employee  under  the  plan,  the  injured  employee  or  his  com- 
mittee or  guardian,  if  such  he  appointed,  or  his  executor  or  ad- 
ministrator, may  then  bring  an  action  to  recover  compensation 
under  the  plan  in  any  court  having  jurisdiction  thereof  as  on  a 
written  contract.  Such  auction  shall  be  conducted  in  the  same  man- 
ner as  an  action  at  law  for  the  recovery  of  damages  for  breach 
of  a  written  contract,  and  shall  for  all  purposes,  including  the 
determination  of  jurisdiction,  be  deemed  such  an  action.  The 
judgment  in  su^h  action,  in  favor  of  the  plaintiff,  shall  be  for 
a  lump  sum  equal  to  the  amount  of  the  payments  then  due  and 
prospectively  due  under  the  plan.  In  such  action  by  an  executor 
or  administrator  the  judgment  may  provide  the  proportions  of 
the  award  or  the  costs  to  be  distributed  to  or  between  the  several 
dependents.  If  such  determination  is  not  made  it  shall  be  deter- 
mined by  the  surrogate's  court  by  which  such  executor  or  admin- 
istrator is  appointed,  in  accordance  with  the  terms  of  this  article 
on  petition  of  any  party  on  su^h  notice  as  such  court  may  direct. 

§  12.  Preferential  claim;  not  assignable  or  subject  to  attach- 
ment; attorney's  fees.  Any  person  entitled  to  weekly  payments 
under  the  plan  against  any  employer  shall  have  the  same  prefer- 
ential claim  therefor  against  the  assets  of  the  employer  as  now 
allowed  by  law  for  a  claim  by  such  person  against  such  employer 
for  unpaid  wages  or  personal  services.  Weekly  payments  due 
under  the  plan  shall  not  be  assignable  or  subject  to  attachment, 
levy  or  execution.  No  claim  of  an  attorney  for  any  contingent 
interest  in  any  recovery  under  the  plan  for  services  in  securing 
svxih  recovery  shall  be  an  enforceable  lien  thereon,  unless  the 
amount  of  the  same  be  approved  in  writing  by  a  justice  of  the 
supreme  court,  or  in  case  the  same  is  tried  in  any  court,  before 
the  justice  presiding  at  such  trial. 

%  IS.  Cancellation  of  consent.  When  a  consent  to  the  plan  shall 
have  been  filed  in  the  office  of  the  county  clerk  as  herein  provided, 
it  shall  be  binding  upon  both  parties  thereto  as  long  as  the  relation 
of  employer  and  employee  exists  between  the  parties,  and  expire 
at  the  end  of  such  employment,  but  it  may  at  any  time  be  canceled 
on  sixty  days'  notice  in  writing  from  either  party  to  the  other. 
Such  notice  of  cancellation  shall  be  effective  only  if  served  per- 
sonally or  sent  by  registered  letter  to  the  last  known  post-office 


Appendix  I  —  Bills  Submitted  to  the  Legislature     289 

address  of  the  party  to  whom  it  is  addressed,  but  no  notice  of  can- 
cellation shall  be  effective  as  to  a  claim  for  injury  occurring 
previous  thereto. 

§  IJt.  Reports  of  compensation  plan.  Each  employer  who  shall 
sign  with  any  employee  a  consent  to  the  plan  shall,  within  thirty 
days  thereafter,  file  with  the  commissioner  of  labor  a  statement 
thereof,  signed  by  such  employer,  which  shall  show  (a)  the  name 
of  the  employer  and  his  post-office  address,  (b)  the  name  of  the 
employee  and  his  last  hnown  post-office  address,  (c)  the  date  of, 
and  office  where  the  original  consent  is  filed,  (d)  the  weekly  wage 
of  the  employee  at  the  time  the  consent  is  signed;  unless  such 
statement  is  duly  filed,  such  consent  of  the  employee  shall  not 
be  a  bar  to  any  proceeding  at  law  commenced  by  the  employee 
against  the  employer. 

§  15.  Reports  by  employer.  Each  employer  of  labor  in  this  state 
who  shall  have  entered  into  the  plan  with  any  employee  shall,  on 
or  before  the  first  day  of  January,  nineteen  hundred  and  eleven, 
and  thereafter  and  at  such  tim,es  as  may  be  required  by  the  com- 
missioner of  labor,  make  a  report  to  such  commissioner  of  all 
amounts,  if  any,  paid  by  him  under  such  plan  to  injured  em- 
ployees, stating  the  name  of  such  employees,  and  showing  sepa- 
rately the  amounts  paid  under  agreement  with  the  employees,  and 
the  amounts  paid  after  proceedings  at  law,  and  the  proceedings 
at  law  under  the  plan  then  pending.  Such  reports  shall  be  verified 
by  the  employer  or  a  duly  authorized  agent  in  the  same  manner 
as  affidavits. 

ARTICLE  3. 

LAWS  REPEALED;  CONSTRUCTION ;  WHEN  TO  TAKE  EFFECT. 

Section  16.  Laws  repealed. 

17.  Construction. 

18.  When  to  take  effect. 

%  16.  Laws  repealed.  Of  the  laws  enumerated  in  the  schedule 
hereto  annexed,  that  portion  specified  in  the  last  column  is  hereby 
repealed. 

§  i7.  Construction.     The  provisions  of  this  chapter  shall  be 
construed  as  a  continuation   of  the   provisions   of  sections  two 
Vol.  I  — lb 


290     Appendix  I  —  Bills  Submitted  to  the  Lbqislatuke 

hundred  to  two  hundred  cmd  fowr  of  chd'pber  thirty-six  of  the 
laws  of  nineteen  hundred  and  nine,  as  amended  hy  chapter  three 
hundred  and  fifty-two  of  the  lams  of  nineteen  hundred  and  ten, 
and  not  as  a  new  enactment. 

%  18.  This  act  shall  take  effect  immediately. 

SCHEDULE  OF  LAWS  REPEALED. 

Laws  of  Chapter  Section 

1909 S6 200-2OU 

1910 352 All 

Note. —  Taken  without  change  from  old  Article  XIV  of  the  Labor  Law. 

§  10.  This  act  shall  take  effect  immediately. 


2 

WAGE  COMMISSION 


AN  ACT 

To  protect  the  health,  morals  and  welfare  of  women  and  minors 
employed  in  industry  by  establishing  a  wage  commission  and 
providing  for  the  determination  of  living  wages  for  women  and 
minors. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  State  wage  commission.  A  state  wage  commission, 
hereinafter  referred  to  as  the  commission,  is  hereby  created,  con- 
sisting of  three  commissioners,  to  be  appointed  by  the  governor, 
by  and  with  the  advice  and  consent  of  the  senate,  one  of  whom 
shall  be  designated  by  the  governor  as  chairman.  The  com- 
missioner of  labor  shall  also  be  an  ex-officio  member  of  the  com- 
mission but  shall  not  have  a  vote  on  orders,  decisions  or  deter- 
minations. The  term  of  office  of  appointive  members  of  the  com- 
mission shall  be  for  three  years,  except  that  the  first  members 
thereof  shall  be  appointed  for  such  terms  that  the  term  of  one 
meanber  shall  expire  on  January  first,  nineteen  hundred  and  seven- 
teen and  on  January  first  of  every  succeeding  year.  Successors 
sdiall  be  appointed  in  like  manner  for  a  full  term  of  three  years. 
Vaeamcies  shall  be  filled  in  like  manner  by  appointment  for  the 
unexpired  time.  The  commission  shall  have  an  official  seal  which 
shall  be  judicially  noticed.  The  commission  shall  publish  an 
official  bulletin  from  time  to  time  and  shall  make  an  annual  report 
to  the  legislature  of  its  investigations  and  proceedings  on  or  about 
tiie  first  day  of  February. 

§  2.  Secretary  and  other  employees.  The  commission  may  ap- 
point and  rranove  a  secretary  and  such  other  employees  as  may 

[291] 


292     Appendix  I  —  Bills  Submhted  to  the  Legislature 

be  needed  to  carry  out  the  provisions  of  this  chapter.  The  author- 
ity, duties  and  compensation  of  all  subordinates  and  employees 
within  the  amount  appropriated  therefor  shall  be  fixed  by  the 
commission. 


§  3.  Salaries  and  expenses.  Each  commissioner  shall  be  paid  ten 
dollars  for  each  day's  service.  The  commissioners  and  their  sub- 
ordinates shall  be  entitled  to  their  actual  and  necessary  expenses 
while  traveling  on  the  business  of  the  commission.  The  salaries 
and  compensation  of  the  subordinates  and  all  other  expenses  of  the 
commission  within  the  amount  appropriated  therefor  shall  be  paid 
out  of  the  Btate  treasury  upon  vouchers  signed  by  the  chairman. 

§  4.  Sessions  of  commission.  The  commission  shall  hold  stated 
meetings  at  least  once  a  month  during  the  year  and  shall  hold  other 
meetings  at  such  times  and  places  as  the  needs  of  the  public  service 
may  require,  which  meetings  shall  be  called  by  the  chairman  or 
by  any  two  members  of  the  commission.  All  meetings  of  the  com- 
mission shall  be  open  to  the  public.  The  commission  shall  keep 
minutes  of  its  proceedings,  showing  the  vote  of  each  commissioner 
upon  every  question  and  records  of  its  examinations  and  other 
official  action. 

§  5.  Powers  of  individual  commissioner.  Any  investigation,  in- 
quiry or  hearing  which  the  commission  is  authorized  to  hold  or 
undertake,  may  be  held  or  taken  by  or  before  any  commissioner 
or  the  secretary,  and  the  decision,  determination  or  order  of  a 
commissioner  or  the  secretary,  when  approved  and  confirmed  by 
the  commission  and  ordered  filed  in  its  office,  shall  be  deemed  to 
be  the  decision,  determination  or  order  of  the  commission.  Each 
commissioner  and  the  secretary  shall,  for  the  purposes  of  this  chap- 
ter, have  power  to  administer  oaths,  certify  to  official  acts,  take 
affidavits  and  depositions,  issue  subpoenas,  compel  the  attendance 
of  witnesses  and  the  production  of  books,  accounts,  papers,  records 
and  documents  before  the  commission  or  before  any  wage  board 
created  pursuant  to  this  chapter. 

§  6.  Rules.  The  commission  shall  adopt  reasonable  rules  regu- 
lating and  providing  for  the  method  of  making  investigations ;  the 
conduct  of  hearings,  investigations  and  inquiries ;  the  organization 
and  procedure  of  wage  boards  created  pursuant  to  this  chapter; 
and  otherwise  for  carrying  into  effect  the  provisions  of  this  chapter. 


Appendix  I  —  Bills  Submitted  to  the  Legislatube     293 

§  7.  Technical  rules  of  evidence  or  procedure  not  required.  The 
commission  or  a  commissioner  or  secretary  or  a  wage  board  in 
making  an  investigation  or  inquiry  or  conducting  a  hearing  shall 
not  be  bound  by  common  law  or  statutory  rules  of  evidence  or  by 
technical  or  formal  rules  of  procedure. 

§  8.  Issuance  of  subpoena ;  penalty  for  failure  to  obey.  A  sub- 
poena shall  be  signed  and  issued  by  a  commissioner  or  by  the 
secretary  of  the  commission  and  may  be  served  by  any  person  of 
full  age  in  the  same  manner  as  a  subpoena  issued  out  of  a  court 
of  record.  If  a  person  fails,  without  reasonable  cause,  to  attend 
in  obedience  to  a  subpoena,  or  to  be  sworn  or  examined  or  answer 
a  question  or  produce  a  book  or  paper,  or  to  subscribe  and  swear 
to  his  deposition  after  it  has  been  correctly  reduced  in  writing,  he 
shall  be  guilty  of  a  misdemeanor. 

§  9.  Recalcitrant  witnesses  punishable  as  for  contempt.  If  a 
person  in  attendance  before  the  commission  or  a  commissioner  or 
the  secretary,  or  before  any  wage  board,  refuses,  without  reason- 
able cause,  to  be  examined,  or  to  answer  a  legal  and  pertinent 
question  or  to  produce  a  book  or  paper,  when  ordered  so  to  do  by 
the  commission  or  a  commissioner  or  the  secretary,  the  commission 
may  apply  to  a  justice  of  the  supreme  court  upon  proof  by  affidavit 
of  the  facts  for  an  order  returnable  in  not  less  than  two  nor  more 
than  five  days  directing  such  person  to  show  cause  before  the 
justice  who  made  the  order,  or  any  other  justice  of  the  supreme 
court,  why  he  should  not  be  committed  to  jail.  Upon  the  return 
of  such  order  the  justice  shall  examine  under  oath  such  person  and 
give  him  an  opportunity  to  be  heard ;  and  if  the  justice  determines 
that  he  has  refused  without  reasonable  cause  or  legal  excuse  to  be 
examined  or  to  answer  a  legal  and  pertinent  question,  or  to  produce 
a  book  or  paper  which  he  was  ordered  to  bring,  he  may  forthwith, 
by  warrant,  commit  the  offender  to  jail,  there  to  remain  until  he 
submits  to  do  the  act  which  he  was  so  required  to  do  or  is  dis- 
charged according  to  law. 

§  10.  Fees  and  mileage  of  witnesses.  Each  witness  who  appears 
in  obedience  to  a  subpoena  before  the  commission  or  a  commis- 
sioner or  the  secretary,  or  before  a  wage  board  or  person  employed 
by  the  commission  to  obtain  the  required  information,  shall  re- 
ceive for  his  attendance  the  fees  and  mileage  provided  for  wit- 
nesses in  civil  cases  in  the  supreme  court,  which  shall  be  audited 


294     Appendix  I  —  Bills  Submitted  to  the  Legislature 

and  paid  from  the  state  treasury  in  the  same  maimer  as  other 
expenses  of  the  commission.  A  witness  subpoenaed  at  the  instance 
of  a  party  other  than  the  commission,  a  commissioner,  the  secre- 
tary, or  wage  board  or  person  acting  under  the  authority  of  the 
commission,  shall  be  entitled  to  fees  or  compensation  from  the 
state  treasury,  if  the  commission  certify  that  his  testimony  was 
material  to  the  matter  investigated,  but  not  otherwise. 

§  11.  Depositions.  The  commission  may  cause  depositions  of 
witnesses  residing  within  or  without  the  state  to  be  taken  in  the 
manner  prescribed  by  law  for  like  depositions  in  civil  actions  in 
the  supreme  court 

§  12.  Labor  department  to  furnish  statistics.  Upon  request  of 
the  commission,  the  commissioner  of  labor  shall  cause  the  bureau 
of  statistics  and  information  or  other  bureaus  of  the  department 
of  labor  to  gather  such  statistics  and  information  as  the  commis- 
sion may  require. 

§  13.  Register  of  women  and  minors.  Every  employer  of  women 
and  minors  shall  keep  a  register  of  the  names  and  addresses  of  and 
the  wages  paid  to  all  women  and  minors  employed  by  him,  the 
occupation  of  each  and  the  number  of  hours  that  they  are  employed 
by  the  day  or  by  the  week,  and  their  actual  working  hours  for 
such  periods,  and  every  such  employer  shall  on  request,  permit  the 
commission  or  any  of  its  members  or  its  secretary  or  agents  to 
inspect  such  register.  Every  such  employer  shall  also  furnish 
in  writing  to  the  commission  any  information  concerning  the  fore- 
going matters  that  the  commission  may  require. 

§  14.  Living  wage.  The  terms  "  living  wage "  or  "  living 
wages  "  shall  mean  wages  sufficient  to  supply  the  necessary  cost  of 
living  and  to  maintain  the  worker  in  health,  and  where  the  words 
"minimum  wage  "  or  "  minimum  wages  "  are  used  in  this  act  they 
shall  be  deemed  to  have  the  same  meaning  as  "  living  wage  "  or 
'*  living  wages." 

§  15.  Investigation  of  wages  paid  to  women  and  minors.  The 
commission  shall  have  power  to  investigate  wages  and  working 
conditions  in  any  occupation  in  the  state  in  order  to  determine 
whether  living  wages  are  paid  to  women  and  minors  employed 


Appendix  I  —  Bills  Submitted  to  the  Legislature     295 

therein.  Such  investigation  shall  also  be  made  at  the  request  of 
not  less  than  one  hundred  persons  engaged  in  any  occupation  in 
which  any  women  or  minors  are  employed.  The  names  of  the 
persons  making  such  request  shall  not  be  made  public 

§  16.  Creation  of  wage  board.  If  after  such  investigation  the 
commission  has  reason  to  believe  that  a  substantial  number  of 
women  and  minors  employed  in  the  occupation  investigated  receive 
less  than  living  wages,  the  commission  shall  establish  a  wage  board 
consisting  of  an  equal  number  of  representatives  of  employers 
in  the  occupation  in  question  and  of  persons  to  represent  such 
employees  in  said  occupation  and  of  one  or  more  disinterested 
persons  appointed  by  the  commission  to  represent  the  public.  So 
far  as  practicable  the  selection  of  members  representing  employers 
and  employees  shall  be  through  election  by  employers  and  em- 
ployees affected  respectively.  The  commission  shall  designate 
the  chairman  from  among  the  representatives  of  the  public  and 
shall  exercise  exclusive  jurisdiction  over  all  questions  arising  with 
reference  to  the  validity  of  the  procedure  and  of  the  determination 
of  the  board.  The  members  of  wage  boards  shall  be  compensated 
at  the  same  rate  as  jurors  in  civil  cases  in  the  supreme  court  in 
the  county  of  New  York  and  shall  be  allowed  the  necessary  travel- 
ing and  clerical  expenses  incurred  in  the  performance  of  their 
duties,  which  shall  be  paid  as  are  the  expenses  of  the  commission. 

§  lY.  Determinations  of  wage  boards.  Each  wage  board  shall 
have  access  to  all  of  the  statistics  and  information  gathered  by  the 
commission  with  reference  to  wages  and  conditions  in  any  occu- 
pation under  investigation  and  any  other  data  pertinent  thereto. 
Each  wage  board  shall,  after  a  careful  investigation  and  after  such 
public  hearings  as  it  finds  necessary,  endeavor  to  determine  the 
amount  of  the  living  wage,  whether  by  time  rate  or  piece  rate, 
suitable  for  a  female  employee  of  ordinary  ability  in  such  occupa- 
tion or  any  or  all  of  the  branches  thereof,  and  also  suitable  mini- 
mum wages  for  learners  and  apprentices  and  for  minors  below  the 
age  of  eighteen  years.  In  determining  such  living  wage  the  board 
may  take  into  consideration  the  financial  condition  of  the  industry 
and  distribute  any  advance  in  wages  that  may  be  found  necessary, 
to  take  effect  at  specified  intervals.  If  the  majority  of  the  mem- 
bers of  the  wage  board  agree  upon  such  wage  determinations,  they 
shall  teport  such  determinations  to  the  commission  together  with 
a  statement  of  the  reasons  therefor  and  facts  relating  thereto. 


296     AppExNdix  I  —  Bills  Submittkd  to  the  Legislature 

§  18.  Action  of  commission.  If  the  commission  deems  proper, 
it  may,  after  it  receives  the  report  of  a  wage  board,  recommit 
the  subject  or  any  part  thereof  to  the  same  or  to  a  new  wage  board. 
If  the  report  of  a  wage  board  is  accepted  by  the  commission,  a 
summary  of  its  findings  and  determinations  shall  be  published  in 
the  bulletin  of  the  commission  and  in  such  other  manner  as  the 
commission  may  deem  advisable.  Copies  of  the  full  report  of  the 
wage  board  together  with  the  testimony  taken  before  it,  shall  be 
kept  on  file  at  the  office  of  the  commission  and  open  to  public  in- 
spection. The  commission  shall  hold  a  public  hearing  on  the  report 
of  the  wage  board,  notice  of  which  shall  be  published  in  such  news- 
papers as  the  board  may  prescribe,  at  least  once,  not  less  than 
thirty  days  prior  thereto,  and  given  by  mail  to  all  parties  in 
interest  who  have  filed  requests  therefor,  with  the  commission. 
The  commission,  upon  consideration  of  the  report  and  findings  of 
the  wage  board  and  the  testimony  taken  at  the  public  hearing, 
shall  then  determine  the  amount  of  the  living  wage  by  time  rate 
or  piece  rate,  suitable  for  a  female  employee  of  ordinary  ability 
in  the  occupation  investigated,  or  any  or  all  of  the  branches  there,  if, 
and  also  suitable  minimum  wages  for  learners  and  apprentices 
and  for  minors  below  the  age  of  eighteen  years.  The  commission 
shall  fix  a  time  when  its  determination  of  such  living  wage  shall 
take  effect  which  shall  be  not  less  than  thirty  days  from  the  date 
of  entry  of  such  determination.  In  determining  such  living  wage 
the  commission  may  take  into  consideration  the  financial  condition 
of  the  industry  and  distribute  any  advance  in  wage  that  may  be 
found  necessary  to  take  effect  at  specific  intervals.  A  summary  of 
the  findings  of  the  commission  and  its  determinations  and  recom- 
mendations shall  be  published  in  the  bulletin  of  the  commission 
and  in  such  newspapers  as  the  commission  may  prescribe  and  in 
such  other  manner  as  the  commission  may  deem  advisable.  A 
summary  of  such  findings,  determinations  and  recommendations 
shall  be  mailed  to  all  persons  who  have  filed  requests  therefor  with 
the  commission.  If  the  wage  board  fails  to  submit  a  report  within 
a  reasonable  time  fixed  by  the  commission,  the  subject  may  be  re- 
ferred to  a  new  wage  board  or  the  commission  itself,  after  notice 
that  the  board  has  failed  to  make  any  determinations  or  recom- 
mendations, may  proceed  to  hold  a  public  hearing  and  determine 
the  amount  of  the  living  wage  in  the  manner  hereinbefore  pro- 
vided. 

§  19.  Licenses  to  physical  defectives.  In  any  occupation  or 
branch  thereof  in  which  a  minimum  time  rate  of  wages  only,  has 


Appendix  I  —  Bills  Submitted  to  the  Legislature     29 Y 

been  fixed,  the  commission  may  issue  to  a  woman  physically  defec- 
tive a  special  license  authorizing  her  employment  for  a  wage  less 
than  the  legal  minimum  wage,  provided  that  the  number  of  such 
licensees  shall  not  exceed  one-tenth  of  the  entire  number  of  women 
and  minor  workers  in  any  establishment. 

§  20.  Reconsideration  of  wage  determinations.  Whenever  a 
minimum  wage  rate  has  been  established  in  any  occupation,  the 
commission  may,  upon  petition  of  either  employers  or  employees, 
reconvene  the  wage  board  or  establish  a  new  wage  board  and  any 
recommendation  made  by  such  board  or  action  thereby  shall  be 
dealt  with  in  the  same  manner  as  the  recommendation  or  act  of  a 
wage  board,  under  sections  seventeen  and  eighteen  hereof. 

§  21.  Minors.  The  commission  may  inquire  into  wages  paid 
to  minors  in  any  occupation  in  which  the  majority  of  employees 
are  minors  and  may,  after  giving  public  hearings,  determine  the 
minimum  wage  suitable  for  such  minors.  When  the  commission 
has  made  such  a  determination  it  shall  proceed  in  the  same  manner 
as  if  the  determination  had  been  recommended  to  the  commission 
by  a  wage  board. 

§  22.  Publication  for  failure  to  comply  with  determinations. 
The  commission  shall  from  time  to  time  make  inquiry  to  deter- 
mine whether  employers  in  each  occupation  investigated  are  obey- 
ing its  orders  and  determinations  and  shall  publish  in  such  news- 
papers as  it  may  designate,  the  names  of  those  employers  who  fail 
to  comply  therewith.  The  type  in  which  the  employers'  names 
shall  be  printed  shall  not  be  smaller  than  that  in  which  the  news 
matter  of  the  paper  is  printed.  Such  publication  may  also  be  made 
in  any  other  manner  that  the  commission  may  determine  to  be 
necessary  or  proper. 

§  23.  ISTewspapers  to  publish.  Any  newspaper  neglecting  to 
publish  the  findings,  orders,  determinations,  recommendations  or 
notices  of  the  commission  at  its  regular  rates  for  the  space  taken 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  for  each  offense. 

§  24.  No  liability  for  publication.  No  member  of  the  com- 
mission and  no  newspaper  publisher,  proprietor,   editor  or  em- 


298     Appendix  I  —  Bflls  Submitted  to  the  Leoislatubb 

ployee  thereof,  and  no  other  person  shall  be  liable  to  an  action  for 
damages  for  publishing  the  name  of  any  employer  in  accordance 
with  the  provisions  of  this  act,  unless  such  publication  contains 
some  wilful  misrepresentation. 

§  25.  Improper  discharge  of  employees.  Any  employer  who 
discharges  or  in  any  other  manner  discriminates  against  any  em- 
ployee because  such  employee  has  testified  or  is  about  to  testify, 
or  has  served  or  is  about  to  serve  upon  a  wage  board,  or  is  or  has 
been  active  in  the  formation  thereof,  or  has  given  or  is  about  to 
give  information  concerning  the  conditions  of  such  employee's 
employment,  or  because  the  employer  believes  that  the  employee 
may  testify  or  may  serve  upon  a  wage  board,  or  may  give  informa- 
tion concerning  the  conditions  of  the  employee's  emplo^rtnent  in 
any  investigation  or  proceeding  relative  to  the  enforcement  of  this 
act,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  two  hundred  dollars 
and  not  more  than  one  thousand  dollars  for  each  offense. 

§  26.  This  act  shall  take  effect  October  first,  nineteen  hundred 
and  fifteen. 


3.  CONSOLIDATION  OF  DEPARTMENTS  INSPECT- 
ING BUILDINGS  IN  NEW  YORK  CITY 

An  Act  to  enable  the  board  of  estimate  and  apportionment  of  the 
city  of  New  York  to  consolidate,  readjust,  reorganize  and  re- 
constitute the  various  departments,  boards  and  bureaus  of  such 
city  and  the  several  boroughs  thereof  in  so  far  as  their  juris- 
diction relates  to  the  inspection,  construction,  alteration,  con- 
version, equipment,  occupancy  or  use  of  buildings  and  struc- 
tures in  such  city. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  The  board  of  estimate  and  apportionment  of  the  city 
of  New  York  is  hereby  authorized  and  empowered  to  consolidate, 
readjust,  reorganize  and  reconstitute,  in  whole  or  in  part,  any 
or  all  of  the  various  departments,  boards  and  bureaus  of  such  city 
and  the  several  boroughs  thereof  in  so  far  as  their  jurisdiction  re- 
lates to  the  inspection,  construction,  alteration,  conversion,  equip- 
ment, occupancy  or  use  of  buildings  and  structures  in  such  city. 
Such  consolidation,  readjustment,  reorganization  or  reconstitu- 
tion  to  take  effect  before  the  first  day  of  January,  nineteen  hun- 
dred and  sixteen.  The  said  board  of  estimate  and  apportionment 
is  hereby  granted  such  rights,  powers  and  jurisdiction  as  may  be 
necessary  to  effectuate  the  purposes  of  this  act. 

§  2.  No  provision  of  any  statute  or  ordinance  shall  operate  so 
as  to  defeat  or  limit  the  rights,  powers  or  jurisdiction  conferred  by 
this  act. 

§  3.  The  provisions  of  this  act  shall  not  affect  or  impair  any 
act  done  or  right  accruing,  accrued  or  acquired,  or  liability,  pen- 
alty, forfeiture  or  punishment  incurred  prior  to  the  time  this  act 
takes  effect,  but  the  same  may  be  asserted,  enforced,  prosecuted  or 
inflicted  as  fully  and  to  the  same  extent  as  if  this  act  had  not  been 
enacted. 

§  4.  This  act  shall  take  effect  immediately. 

[299] 


APPENDIX  II 

Briefs  Submitted  in  Cases  Involving  Constitutionality  of 
Laws  Recommended  by  Commission 


1.  People  V.  Schweinler  Press  — Court  of  Appeals  —  Law  pro- 
hibiting night  work  of  women  in  factories. 

2.  Decision  of  Court  of  Appeals  in  People  v.  Schweinler  Press, 
sustaining  the  constitutionality  of  law  prohibiting  night  work  of 
women  in  factories. 

3.  People  V.  Balofsky  — Appellate  Division,  Second  Depart- 
ment —  Law  prohibiting  manufacturing  in  tenements  of  chil- 
dren's wearing  apparel. 


[301] 


I.  BRIEF  ON  CONSTITUTIONALITY  OF  LAW  PRO- 
HIBITING NIGHT  WORK  OF  WOMEN  IN 
FACTORIES 


COURT  OF  APPEALS, 
State  of  New  York 


The  People  of  the  State  of  New  York, 

Respondents, 
against 
A     Certain     Corporation     called     Charles 

SCHWEINLER  PrESS, 

Appellant. 


Brief   Submitted  on  Behalf  of   the   New  York  State   Factory 
Investigating  Commission  as  Amicus  Curiae 

STATEMENT 

The  appellant  was  convicted  in  the  Court  of  Special  Sessions  of 
the  city  of  New  York,  on  April  27,  1914,  for  a  violation  of  section 
93-b  of  the  State  Labor  Law,  which  prohibits  the  employment  of 
women  at  labor  in  factories  before  six  o'clock  in  the  morning  or 
after  ten  o'clock  in  the  evening  of  any  day.  The  constitutionality 
of  this  statute  was  challenged  and  the  court  granted  a  motion  in 
arrest  of  its  judgment  of  conviction.  An  appeal  was  taken  by  the 
People  to  the  Appellate  Division,  First  Department,  which,  by  a 
divided  court,  sustained  the  constitutionality  of  the  statute  and 
reversed  the  order  in  arrest  of  judgment.  This  is  an  appeal  by 
the  defendant  from  that  order  of  reversal. 

FACTS 

The  facts  are  set  forth  in  the  information  in  the  case  and  are 
not  disputed.  The  defendant  was  the  owner  of  a  factory  engaged 
in  the  business  of  printing  and  binding,  and  on  February  4,  1914, 

[303] 


304  Appendix  II 

unlawfully  employed  a  woman,  May  Cashel,  to  work  in  its  factory 
from  10:24  p.  m.  on  the  evening  of  February  3,  1914,  and  thence 
continuously  to  four  o'clock  on  the  morning  of  the  following  day. 
The  defendant  did  not  deny  that  this  employment  was  in  violation 
of  section  93-b  of  the  Labor  Law. 

Interest  of  the  Factoby  Commission  in  this  Case 

The  Xew  York  State  Factory  Investigating  Commission,  which 
by  permission  of  the  court  submits  this  brief  as  amicus  curiw,  was 
created  by  chapter  561  of  the  Laws  of  1911,  and  continued  by 
chapter  21  of  the  Laws  of  1912,  chapter  137  of  the  Laws  of  1913, 
and  chapter  110  of  the  Laws  of  1914.  It  was  directed  to  inquire 
into  conditions  generally  under  which  manufacturing  is  carried  on 
throughout  the  State,  and  to  make  recommendations  to  the  Legis- 
lature for  such  legislation  as  might  be  found  necessary  to  remedy 
evil  conditions  disclosed.  The  Commission  is  still  in  existence,  its 
term  of  office  not  having  expired. 

Section  93-b  of  the  Labor  Law,  the  constitutionality  of  which  is 
now  before  this  court,  was  one  of  a  series  of  bills  recommended  by 
the  Factory  Commission  in  its  second  report  to  the  Legislature, 
submitted  January  15,  1913. 

This  case  involves  one  of  the  most  important  questions  of  social 
legislation  before  any  court  in  recent  years,  and  coupled  with  the 
interest  of  the  Commission  in  the  outcome  of  any  of  the  laws 
recommended  by  it,  there  was  felt  to  be  a  corresponding  duty  to 
submit  to  the  court  for  its  consideration  all  of  the  facts,  findings 
and  conclusions  that  led  to  the  enactment  of  this  section  of  the 
Labor  Law. 

History  of  Legislation  With  Reference  to  Night  Wokk  of 
Women  in  Factories 

In  1899  an  act  was  passed  by  the  Legislature  (chapter  192  of 
the  Laws  of  1899),  which  prohibited  the  employment  of  women  in 
factories  before  six  o'clock  in  the  morning  or  after  nine  o'clock  in 
the  evening  of  any  one  day.  This  section  of  the  Labor  Law  was 
re-enacted  by  chapter  184  of  the  Laws  of  1903,  and  read  as 
follows : 


Bbiefs  Submitted  by  Commission  305 

"  Section  7T  *  *  *  No  minor  under  the  age  of  eighteen 
years,  and  no  female  shall  be  Employed,  permitted,  or 
suffered  to  work  in  any  factory  in  this  state  before  six 
o'clock  in  the  morning  or  after  nine  o'clock  in  the  evening  of 
any  day     *     *     *." 

A  case  to  test  the  constitutionality  of  this  section  was  instituted 
in  the  court  of  Special  Sessions  for  the  city  of  New  York  against 
one  Williams,  the  owner  of  a  binding  and  printing  factory.  He 
was  convicted.  The  Appellate  Division,  by  a  divided  court,  ren- 
dered a  decision  reversing  the  judgment  of  conviction  and  holding 
the  statute  unconstitutional. 

People  V.  Williams,  116  App.  Div.,  379. 

An  appeal  was  taken  to  the  'Court  of  Appeals,  which  unani- 
mously affirmed  the  judgment  of  reversal  of  the  Appellate  Divi- 
sion, and  concurred  in  the  determination  that  the  statute  was  un- 
constitutional. 

People  V.  Williams,  189  N.  Y.  131  (1907). 

That  was  the  situation  when  the  Factory  Investigating  Commis- 
sion commenced  its  investigations  in  1912. 

Investigation  of  the  Commission 

In  connection  with  its  general  investigation  of  industrial  condi- 
tions, the  Commission  in  1912  made  a  special  investigation  of  night 
work  of  women  in  factories,  and  on  January  15,  1913,  submitted 
a  detailed  report  on  the  subject  with  its  recommendations,  to  the 
Legislature.  This  investigation  and  the  report  and  findings 
thereon  are  to  be  found  in  Volume  I  of  the  Second  Report  of  the 
Factory  Investigating  Commission,  pages  193  to  215,  and  Volume 
II  of  the  same  report,  pages  439  to  459. 

The  Commission's  investigation  was  conducted  by  a  staff  of 
trained  investigators,  one  of  whom  was  a  factory  inspector,  as- 
signed to  the  Commission  by  the  State  Department  of  Labor. 

The  basis  of  the  Commission's  recommendations  to  the  Legisla- 
ture is  not  limited  to  conditions  in  one  large  industrial  plant.  It 
is,  however,  the  opinion  of  this  Commission  that  the  careful  inten- 
sive study  that  was  made  of  the  working  and  living  conditions  and 


306  Appendix  II 

the  home  life  of  the  one  hundred  and  fifty  women  employed  in  the 
continuous  night  shift  in  that  establishment,  the  results  of  which 
are  before  this  Court  for  consideration,  amplifies  and  authorita- 
tively confirms  all  previous  information  and  statistics  gathered  in 
the  worldwide  movement  to  protect  working  women  from  the 
dangers  of  night  work.  These  are  facts  current,  local,  specific, 
focussing  by  means  of  an  intensive  study  in  one  particular  in- 
dustry the  knowledge  otherwise  accumulated. 

The  Commission  did  not  limit  its  investigations  and  studies  to 
the  industrial  establishment  above  referred  to,  although  the  shock- 
ing conditions  there  disclosed,  strikingly  emphasized  the  need  for 
some  remedial  legislation  for  the  protection  of  women  workers. 

The  Commission  also  inquired  into  the  subject  of  night  work 
of  women  as  follows : 

1.  Conditions  in  the  textile  mills  in  Utica. 

2.  Conditions  in  canneries. 

3.  It  accepted  as  one  basis  for  its  recommendations  the 
findings  made  in  an  official  investigation  conducted  by  the 
United  States  Oovernment  (Report  on  Condition  of  Woman 
and  Child  Wage-earners  in  the  United  States,  Vol.  V.,  p. 
205),  and  to  the  extent  that  it  was  verified  by  that  official  in- 
vestigation the  Commission  accepted  the  results  of  an  inves- 
tigation conducted  into  conditions  in  the  bookbinding  trade 
by  an  able  and  impartial  investigator,  the  results  of  which 
are  embodied  in  a  recent  publication  (Women  in  the  Book- 
binding Trade;  by  Mary  Van  Kleeck  of  the  Russell  Sage 
Foundation). 

4.  The  Commission  studied  the  laws  in  this  and  in  Euro- 
pean countries,  prohibiting  night  work  of  women  in  factories ; 
the  conditions  that  led  to  their  enactment  and  the  results  that 
followed  therefrom.. 

5.  The  Commission  also  made  a  careful  study  of  the  opin- 
ions of  experts  concerning  the  effect  of  night  work  on  the 
health  and  morals  of  women  employed  in  factories. 

On  the  subject  of  the  fairness  of  the  investigation  it  should  be 
stated  that  the  Commission,  before  it  submitted  its  recommenda- 
tions to  the  L^slature,  issued  for  public  consideration  a  series  of 
tentative  bills  for  the  improvement  of  working  conditions,  and  that 


Briefs  Submitted  by  Commission  307 

one  of  these  tentative  bills  was  that  prohibiting  night  work  of 
women  in  factories. 

"  The  iCommission  followed  the  procedure  of  issuing  early 
in  the  fall  (of  1912),  in  the  form  of  proposed  bills,  the  most 
important  recommendations  that  had  been  received  for  reme- 
dial legislation.  These  tentative  bills  embodied  recommen- 
dations, none  of  which  had  been  formally  passed  upon  by  the 
Commission.  The  Commission,  however,  believed  that  all 
those  who  were  interested  in  its  work  or  who  would  be  affected 
by  the  legislation  suggested,  were  entitled  to  know  precisely 
the  recommendations  which  had  been  received  from  various 
sources  and  were  then  under  consideration.  This  method 
has  proved  very  successful.  About  thirty  tentative  bills,  deal- 
ing with  different  phases  of  the  Commission's  work,  were  sent 
to  several  thousand  persons  throughout  the  state.  As  a  result, 
suggestions  and  criticisms  were  received  from  all  of  the  vari- 
ous interests.  Associations  of  employers  and  of  employees, 
scientific  societies  and  social  organizations  formed  committees 
to  consider  the  proposed  bills.  From  many  of  these  were 
received  briefs  and  memoranda.  Beyond  doubt  the  issuance 
of  these  tentative  bills  created  great  interest  in  the  work  of 
the  Commission  and  gave  to  it  the  benefit  of  the  wisdom  and 
experience  of  very  many  employers,  employees,  social  work- 
ers, and  experts  throughout  the  state." 

Second  Keport,  IvTew  York  State  Factory  Investigating 
iCommission,  Vol.  I,  pp.  19,  20. 

Public  hearings,  which  were  given  the  widest  publicity,  were 
held  to  consider  these  tentative  proposals.  Everyone  interested 
was  given  an  opportunity  to  be  heard.  The  Commission  in  its 
report  says,  concerning  the  bill  prohibiting  night  work  of  women 
in  factories : 

"  No  objections  to  the  proposed  measure  have  been  received 
from  any  source  although  the  bill  has  been  widely  distributed. 
On  the  contrary  the  purpose  of  the  bill  has  been  commended 
by  physicians,  by  manufacturers  and  by  all  those  having  the 
best  interests  of  the  State  at  heart." 

Second  Report,  !N'ew  York  State  Factory  Investigating 
Commission,  "Vol.  I,  p.  212. 


308  Appendix  II 

At  this  point,  we  wish  to  emphasize  that  although  the  Commis- 
sion has  been  in  existence  for  two  years  since  the  enactment  of 
this  law  and  has  held  public  hearings  in  every  large  city  of  the 
State,  it  has  received  no  objection  to  this  law  from  anyone,  except 
the  small  group  of  workers  in  one  particular  industry  represented 
by  the  appellant  in  this  case.  To  this  we  shall  revert  more  fully 
later. 

In  considering  the  investigation  conducted  by  the  Commission 
and  the  comments  on  it  made  by  the  appellant,  it  should  also  be 
borne  in  mind  that  among  the  members  of  the  Commission  which 
recommended  this  night  work  bill  to  the  Legislature,  were  Miss 
Mary  E.  Dreier,  the  President  of  the  Women's  Trade  Union 
League,  and  Mr.  Samuel  Gompers,  the  President  of  the  American 
Federation  of  Labor.  As  against  the  comments  of  the  counsel  for 
the  appellant,  we  offer  to  the  Court  the  following  extracts  from  the 
opinion  in  this  case  in  the  Appellate  Division  below: 

Mr.  Justice  Ingraham  said,  in  referring  to  the  investigation  of 
the  Commission : 

"  That  investigation  seems  to  have  been  quite  thoroughly 
conducted  and  resulted  in  a  report  to  the  legislature  which, 
among  other  remedial  legislation,  recommended  the  enactment 
of  the  statute  now  under  consideration.  The  report  of  that 
commission  is  startling  both  in  regard  to  the  effect  on  the 
physical  well-being  of  the  night  workers  and  the  moral  effect 
upon  the  women  who  are  employed  in  factories  at  night." 

Mr.  Justice  Hotchkiss  who  concurred  in  the  majority  opinion, 
said: 

"  The  act  under  consideration  was  the  result  of  a  report  to 
the  legislature  by  a  Factory  Investigating  Commission,  by 
which  the  original  act  was  proposed.  No  one  who  has  read 
that  report  can  for  a  moment  doubt  the  propriety  of  the  act 
having  regard  for  the  conditions  in  this  state  disclosed  by  the 
report." 

Findings  of  the  Commission 

The  findings  of  the  Commission  are  set  forth  in  the  Second 
Report  to  the  Legislature  (Vol.  1,  pp.  193-215),  from  which  we 
quote  as  follows: 


Briefs  Submitted  by  Commission  309 

"  None  of  the  investigations  carried  on  by  the  Commission 
has  shown  conditions  more  dangerous  to  health  and  public 
welfare  than  the  employment  of  women  at  night  in  the  fac- 
tories of  the  State.  Conditions  of  life  were  revealed  which 
seemed  certain  not  only  to  destroy  the  health  of  the  women 
employed  at  night,  but  to  threaten  the  very  existence  of  the 
young  children  dependent  upon  them  for  nourishment  and 
care. 

For  instance,  in  one  large  industrial  plant  in  the  central 
part  of  the  State,  from  130  to  140  women  were  found  at  work 
on  night  shift.  They  were  employed  for  ten  hours  on  live 
nights  of  each  week,  from  7  p.  m.  to  5  a.  m.,  with  a  break 
of  half  an  hour  at  midnight.  The  output  of  this  factory 
is  twine  made  from  hemp  and  the  work  involves  exposure 
to  much  dust,  great  noise,  and  in  some  rooms,  great  heat. 
The  married  women  who  worked  at  night  had  on  an  average 
about  four  and  one-half  hours  of  sleep  in  the  day  time;  they 
prepared  three  meals  each  day,  including  breakfast  which  had 
to  be  made  ready  immediately  after  the  night's  work.  They 
also  did  all  the  washing  for  their  families.  Many  of  them 
returned  to  their  homes  after  ten  hours  of  work  at  night  in 
the  dust  and  roar  of  the  twine  factory,  to  nurse  their  babies 
in  the  morning  and  during  the  day  time. 

The  Danger  to  Health  from  Night  Work 

The  twine  works  were  repeatedly  visited  by  agents  of  the 
Commission,  both  at  night  and  during  the  day  and  individual 
reports  were  secured,  giving  the  personal  histories  of  one 
hundred  of  the  women  who  worked  on  night  shift. 

The  general  appearance  of  the  night  workers  in  thus 
described : 

^  Most  of  the  women  on  the  night  shift  are  married,' 
says  the  investigator.  '  The  appearance  of  the  women 
workers  is  very  disheartening.  They  are  stolid,  worn 
looking,  and  pale.  Their  clothes,  faces,  and  hands  are 
covered  with  oil  and  hemp  dust.' 


310  Appendix  II 

And  again: 

'  The  women  as  a  whole  were  a  disheartening  group, 

in  their  oilj,  dust  laden  clothes,  with  drawn  white  faces 

and  stooping  gait.' 
********* 

We  have  seen  that  the  married  women  who  worked  on  night 
shift  had  on  an  average  only  about  four  and  one-half  hours 
of  sleep  in  the  day  time. 

'  The  hours  of  sleep  varied  with  the  individual,'  con- 
tinues the  investigator.  '  Some  slept  an  hour  or  two  in 
the  morning,  and  for  a  time  in  the  afternoon;  others 
slept  at  intervals  of  about  an  hour  each  during  the  day. 
They  all  slept  in  bedrooms  which  had  been  occupied  dur- 
ing the  night  by  husband  and  children.' 

Forty-eight  of  the  women  worked  at  night  in  the  spinning 
room  of  the  mill,  thirty  in  the  balling  room,  twenty-two  in 
the  preparing  room.  Of  the  conditions  of  work  the  investi- 
gators say: 

'  Dust  is  the  predominating  evil.'  Again :  '  There  is 
considerable  dust  in  nearly  all  parts  of  the  mill.  This 
dust  is  caused  by  the  nature  of  the  raw  product,  hemp. 
It  fills  the  preparing  room  where  the  hemp  bales  are 
opened  and  the  hemp  prepared.  *  *  *  The  dust 
in  this  department  is  so  thick  that  the  clothes  and  caps 
of  the  women  are  completely  covered  with  it.' 

Of  the  noise  in  which  the  women  work,  the  investigator 
says: 

'  The  clatter  of  the  machinery  here  is  so  frightful  that 
a  voice  can  hardly  be  heard  below  a  shriek,  *  *  * 
The  intense  noise  of  the  machinery  must  have  some  effect 
on  hearing  and  the  nervous  system.  The  investigator 
had  ringing  in  her  ears  and  was  somewhat  deafened 
when  she  went  from  the  spinning  room  into  the  office. 
*     ■"     *     The  night  matron  said  she  could  not  stay  as 


Briefs  Submitted  by  Commission  311 

long  as  the  investigators  did  in  the  spinning  room  because 
she  couldn't  stand  the  noise,  but  that  the  Poles  were  used 
to  it.' 

Besides  noise  and  dust,  some  of  the  workers  are  subjected 
while  at  work  to  great  heat.  '  The  spinning  room  in  the 
basement  is  eight  or  nine  feet  high.  On  hot  days  it  must  be 
a  veritable  inferno.'  '  The  watchman  says  that  on  very  hot 
nights,  the  temperature  on  the  top  floor  is  108  degrees  F.,' 
writes  the  investigator  quoted  above. 

The  wages  earned  were  as  follows: 

One-third  of  the  women  earned  from  $7  to  $7.99  a  week, 
another  third  earned  from  $8  to  $10  (28  earned  from  $8  to 
$8.99,  and  G  from  $9  to  $10).  Only  one  woman  made  $12 
a  week;  11  women  made  as  little  as  from  $6  to  $7.  The 
remaining  23  received  varying  wages,  so  that  an  average 
could  not  be  accurately  taken. 

Most  of  the  100  women  specially  investigated  were  mar- 
ried. There  were  18  unmarried  and  5  widowed.  Of  the  82 
married  or  widowed  nightworkers,  75  had  children.  Of  the 
children  24  were  infants  under  1  year,  19  between  1  and 
2  years,  18  between  2  and  3  years,  17  between  3  and  4  years, 
and  19  between  4  and  5  years.  There  were  43  children  be- 
tween 5  and  10  years  of  age.  In  many  cases  the  mothers 
explained  that  they  worked  at  night,  though  they  found  the 
labor  exhausting,  in  order  that  they  might  nurse  or  take  care 
of  their  children  in  the  day  time.  '  IT.  W.  wants  to  work  at 
night  on  account  of  her  baby  which  she  is  nursing.'  '  N.  D. 
wants  to  do  night  work  on  account  of  baby.'  'N.  T.  is  nurs- 
ing her  baby  now  and  would  rather  work  nights  so  that  she 
can  feed  the  baby  in  the  day  time ; '  such  are  the  repeated 
reports  of  the  investigators.  Only  a  few  of  the  women  seemed 
to  realize  that  this  combination  might  prove  disastrous. 

'  Mrs.  M.  N changed  from  night  to  day  work,  be- 
cause it  took  all  her  strength  to  stay  up  all  day  besides. 
Now  working  days  she  gets  up  and  dresses  and  cares  for 
all  the  children  before  she  goes  to  work. 


312  Appendix  II 

'Another  woman  says  she  did  not  like  night  work.  It 
was  too  hard.  Quit  three  weeks  ago.  "  I  used  to  be 
cross  to  my  children  when  I  worked  nights,  because  I 
was  so  tired  all  the  time."  ' 


The  Danger  to  Health  from  Late  Overtime  Evening  Work 
The  preceding  examples  illustrate  the  dangers  of  a  regular 
night  shift.  But  far  more  usual  than  the  all-night  shift  is 
employment  '  overtime  '  until  late  at  night.  In  many  trades 
employees  are  required  to  work  many  hours  after  and  in  addi- 
tion to  the  regular  day's  work,  a  practice  which  subjects 
women  already  fatigued  to  the  added  strain  of  night  employ- 
ment. A  detailed  study  of  bookbinding  in  New  York  city 
carried  on  during  the  last  few  years  has  just  been  published.* 
The  hours  of  labor  were  reported  of  women  working  in  208 
binderies  employing  5,689  women. 

'Few  binderies  (not  more  than  two  or  three),'  says 
the  report,  '  have  regular  night  shifts  for  women  who 
begin  work  in  the  evening  without  having  worked  during 
the  day.  In  a  far  greater  number,  girls  who  work  dur- 
ing the  day  stay  on  through  the  night  hours  *  *  * 
Some  of  the  actual  instances  of  overtime  work  demon- 
strate that  the  prescribing  of  a  definite  rest  period  dur- 
ing definite  hours  of  the  night  is  essential  to  prevent  the 
joining  together  of  two  working  days  at  the  stroke  of 
midnight.' 

Thus,  for  instance,  one  girl  of  23  worked  from  8  :30  a.  m. 
until  5 :30  the  next  morning. 

'  She  was  employed  to  fill  the  boxes  of  a  gathering 
machine  in  a  magazine  bindery.  She  worked  from  8 :30 
A.  M.  until  5 :30  p.  m.,  with  a  half  hour  at  noon.  She 
began  again  at  6  :30  p.  m.  and  worked  until  midnight. 


*  Women  in  the  Bookbinding  Trade  Chap.  VI;  by  Mary  Van  Kleeck, 
Secretary  of  Committee  on  Women's  Work,  Russell  Sage  Foundation,  New 
York,  1912. 


Briefs  Submitted  by  Commission  313 

After  a  recess  of  thirty  minutes  she  continued  her  day's 
task  until  5  :30  a.  m.  At  the  time  of  this  employment 
the  ISTew  York  law  permitted  a  twelve-hour  day,  and 
since  the  employment  of  women  at  night  was  not  pro- 
hibited, a  working  day  of  twenty-four  hours  was  legal, 
for  with  the  stroke  of  the  clock  at  midnight  a  twelve-hour 
day  ended  and  another  twelve^hour  day  began.  In  the 
case  of  this  girl,  not  the  long  hours  of  work,  but  the  fact 
that  fourteen  hours  instead  of  twelve  preceded  midnight 
was  a  violation  of  the  law.' 

Under  the  present  fifty-four  hour  law,  which  allows  a  work- 
ing day  of  only  ten  hours,  the  lack  of  a  legal  closing  hour 
would  presumably  allow  the  employment  of  a  woman  ten 
hours  before  and  ten  hours  after  midnight.  This  is  a  stretch 
of  twenty  working  hours,  practically  continuous,  but  falling 
on  two  calendar  days. 

In  152  cases,  instances  of  illegal  overtime  were  found 
among  the  bindery  workers  in  42  binderies.  In  18  per  cent, 
of  these  cases  —  almost  1  in  every  5  —  work  continued  until 
10  p.  M.  or  much  later  at  night,  in  addition  to  the  day's  work. 

'  Several  flagrant  cases  were  included  in  this  last 
group.  One  reported  work  until  12 :30  a.  m.  ;  three 
until  1  A.  M. ;  two  until  3  a.  m.  ;  one  until  ,5  :30  a.  m.  ; 
one  until  8  a.  m.  ;  and  one  until  9  a.  im.  In  every  one  of 
these  cases  the  girl  had  gone  to  work  in  the  morning,  had 
worked  through  the  day  and  evening  until  after  mid- 
night. 

'  The  detailed  reports  of  working  days  longer  than 
twelve  hours,'  says  the  report,  '  show  appalling  condi- 
tions. These  hours  represent  actual  working  time,  after 
deducting  the  length  of  noon  hours  and  the  time  allowed 
for  supper.  In  four  positions  the  day  was  121/4  hours 
long ;  in  seven,  12^/2  j  in  three,  12%  ;  in  nine,  13  ;  in  one, 
131/2 ;  in  two,  14;  in  two,  l^y^  ;  in  two,  16  ;  in  two,  18  ; 
in  one,  19^ ;  in  one,  211/^ ;  and  in  one,  22.' 


314  Appendix  II 

The  United  States  Bureau  of  Labor  in  its  report  upon 
wage-eaminiL^  women*  confirms  our  foregoing  assertion  of  the 
existence  of  these  excessive  hours  of  labor  for  women  in  book- 
binderies.  In  one  bookbinding  establishment  in  New  York 
city  agents  of  the  government  found  girls  employed  overtime 
from  16  to  24^/4  continuous  hours,  once  and  sometimes  twice 
a  week  during  a  period  of  from  16  to  24  weeks. 

The  Commission  found  instances  of  extreme  overtime  work 
by  women  in  the  canneries.  Here  the  employment  of  many 
women  from  the  morning  of  one  day  until  after  midnight, 
or  even  until  dawn  of  the  next  day  is  proved  by  the  employer's 
written  records. 

The  time  sheets  of  one  factory  for  July  11th,  12th  and 
13th,  were  put  in  evidence  at  a  hearing  held  by  the  Commis- 
sion at  Auburn,  N.  Y.,  on  August  14th,  1912.  This  estab- 
ishment  packs  fruits  and  vegetables  and  on  the  busiest  pack 
employs  from  150  to  200  people.     About  75   are  women. 

One  of  these  women  was  a  Mrs.  D .    The  overtime  hours, 

incredibly  long,  which  she  worked  were  clearly  proved. 

The  counsel  for  the  Commission  examined  the  manager 
of  the  factory : 

^  Q.  According  to  your  time  sheet  which  you  have 
produced  of  July  10th,  1912,  which  is  Wednesday,  Mrs. 

D began  work  at  6 :45  in  the  morning  that  day ;  is 

that  right  ?    A.  Yes. 

Q.  And  she  finished  at  2 :30  the  following  morning  ? 
A.  Yes. 

Q.  Wbrking  19%  hours?    A.  Of  course  she  had  1/^ 

hour  out  for  lunch  and  supper  that  we  gave  her.' 
********* 

'  Q.  You  produce  the  time  sheet  for  the  date  of  July 

11,  1912,  and  I  find  the  same  Mrs.  D ,  that  is  the 

same  one,  is  it?    A.  Yes;  16  hours. 

Q.  And  she  began  that  morning  at  a  quarter  of  seven 
and  stopped  at  12  o'clock,  and  she  began  at  1  o'clock  — 


•  Report  on  Condition  of  Woman  and  Child  Wage-earners  in  the  United 
States.  Vol.  V,  p.  205.  Senate  Document  No.  645,  61st  Congress,  2nd  Session, 
1910. 


Briefs  Submitted  by  Commission  315 

that  was  her  lunch  hour?  A.  Yes;  she  had  an  hour 
out. 

Q.  You  didn't  pay  for  that  hour  ?    A.  No. 

Q.  Then  she  stopped  at  6  and  started  at  7 ;  you  didn't 
pay  for  that  hour  ?     A.  No. 

Q.  She  stopped  at  a  quarter  of  1  in  the  morning? 
A.  Yes,  sir. 

Q.  And  she  worked  16  hours  that  day?    A.  Yes.' 

'  Have  you  got  July  13,  Mrs.  D ?    She  began  that 

morning,  according  to  your  sheet,  at  a  quarter  to  seven, 
stopped  at  12,  began  at  one  in  the  afternoon  and  stopped 
work  at  6,  stopped  at  6  and  began  at  Y  and  worked  until 
a  quarter  of  two  the  following  morning;  lY  hours  dur- 
ing the  day,  actual  work,  taking  out  at  her  own  expense 
one  hour  for  lunch  and  one  hour  for  supper  ?     A.  Yes.' 

Other  women  were  employed  in  the  same  factory  for 
hours  equally  long.  This  fact  was  shown  by  the  employer's 
own  time  sheets.  From  these  it  was  found  that  on  July  11th, 
from  among  55  women  workers,  one-half  (27)  worked  until 
after  11  p.  m.,  most  of  them  continuously  from  6  or  7  a.  m., 
with  an  hour  out  for  dinner  and  supper  at  their  own  expense. 
Of  the  27  women  who  worked  until  late  at  night, 

15  worked  until  after  11  p.  m., 

2  worked  until  midnight  or  12:30  a.  m., 

4  worked  until  between  1  and  2  a.  m., 

6  worked  until  2  a.  m.  or  later. 

The  women  who  did  not  finish  until  1  or  2  a.  m.,  were  em- 
ployed from  16  to  17  hours  out  of  the  24. 

The  time  sheets  show  that  on  the  next  day,  July  .12th,  the 
night  work  dropped  off  somewhat,  yet  12  women  out  of  the 
65  worked  later  than  10  p.  m. 

On  the  third  day,  July  13th,  32  or  almost  two-thirds  of 
the  women  worked  late  at  night  again.  23  of  them  worked 
until  between  1  and  2  a.  m.  ;  5  of  them  worked  until  between 
2  and  3  a.  m.  On  this  day  again  these  women  were  employed 
from  16  to  17  hours. 


316  Appendix  II 

Instances  may  be  further  cited  showing  also  the  duration 
of  night  work  done  overtime  in  the  laundries  of  l^ew  York 
City.  In  February,  1912,  an  inquiry  was  made  by  the 
Bureau  of  Mediation  and  Arbitration  of  the  New  York  State 
Department  of  Labor  into  the  causes  of  a  strike  of  laundry 
employees.  At  a  number  of  hearings,  these  employees  testi- 
fied under  oath  in  regard  to  their  hours  of  labor.  Testimony 
was  given  showing  that  work  often  continued  until  midnight 
and  occasionally  until  1  a.  m.  The  three  schedules  following, 
of  long  weeks  reported  in  the  stenographic  minutes  of  evi- 
dence, while  not  necessarily  typical,  nevertheless  illustrate  to 
what  extremes  the  night  work  of  women  in  laundries  may 
be  carried  when  there  is  no  legal  closing  hour : 

Day 

of 
week 

Monday    

Tuesday    

Wednesday    

Thursday    

Friday    

Saturday 

In  many  other  occupations  also,  employment  overtime 
often  occurs  until  late  at  night.  This  is  especially  the  case, 
although  to  a  less  degree  than  in  the  binderies  and  laundries, 
during  the  fall  months  in  factories  that  supply  the  Christmas 
market,  notably  in  candy  and  paper  box  manufactories. 
Overtime  is  usual  too,  through  the  wide  ramifications  of  the 
clothing  and  stitching  trades,  and  also  in  dressmaking  and 
millinery  establishments." 

Bill  Recommended  by  the  Commission 

The  Commission  in  its  report  to  the  Legislature  then  made 
the  following  recommendations: 

"  The  Commission  recommends  that  night  work  of  women 
in  the  factories  and  workshops  of  this  State  be  at  once  pro- 
hibited. It  finds  that  such  work  is  unnecessary  from  an 
economic  point  of  view  and  indefensible  from  the  standpoint 


Woman  who 
has  worked 
two  years 
in  laundries 
A.  M.      p.  M. 

Woman  who 

has  worked 

five  yeara 

in  laundries 

A.  M.       p.   M. 

Woman  who 
has  worked 
eleven  years 
in  laundries 

A.   M.      p.  M. 

12—12 

12—12 

?—  9 

9—11.30 

9—11.30 

9—11 

9—9.30 

9—  9 

9—  8 

9—  7 

9—  7 

9—  7.30 

9—  6.30 

9—  6 

9—  6 

Briefs  Submitted  by  Commission  317 

of  public  welfare;  for  it  is  dangerous  to  health,  inimical  to 
good  morals,  and  destructive  of  the  vitality  of  women  as 
wives  and  mothers.  We,  therefore,  recommend  the  enactment 
of  a  new  section  of  the  labor  law  as  follows : 

Section  93-b.  Period  of  rest  at  night  for  women.  In  order 
to  protect  the  health  and  morals  of  females  employed  in  fac- 
tories by  providing  an  adequate  period  of  rest  at  night,  no 
woman  shall  be  employed  or  permitted  to  work  in  any  factory 
in  this  state  before  six  o'clock  in  the  morning  or  after  ten 
o'clock  in  the  evening  of  any  day. 

We  believe  that  this  bill  meets  the  objections  raised  by  the 
Court  of  Appeals  in  declaring  unconstitutional  that  portion 
of  Section  77  of  the  Labor  Law  (Laws  of  1903,  Chapter 
184),  which  prohibited  the  employment  of  women  in  factories 
between  9  p.  m.  and  6  a.  m.  (People  v.  Williams,  189  New 
York,  131,  decided  1907).  The  bill  submitted  by  the  Com- 
mission fixes  10  p.  M,  as  the  closing  hour  and  specifically 
states  that  its  purpose  is  to  promote  health." 

Second  Report,  New  York  State  Factory  Investigating 
Commission,  Vol.  I,  p.  203. 

Purpose  of  the  Bill 

The  purpose  of  the  bill  recommended  by  the  Commission  was 
to  protect  the  health  and  morals  of  women  employed  in  factories 
by  prohibiting  night  work  and  providing  for  an  adequate  period 
of  rest  at  night.  That  purpose  was  expressed  in  the  title  of  the 
act  and  in  the  body  of  the  section  itself,  not  in  the  belief  that  to 
say  that  a  law  was  a  health  measure  was  in  fact  to  make  it  so, 
but  to  show  clearly  to  the  Court  that  the  Legislature,  when  it 
enacted  the  section  under  consideration,  intended  and  believed  it 
to  be  a  health  measure  and  to  remove  the  doubts  on  that  score 
expressed  by  the  Court  in  the  Williams  case  when  the  prior  statute 
was  before  it  for  consideration. 

The  Legislature  in  enacting  this  law  aimed  to  protect  the  health 
and  morals  of  women  by  prohibiting  the  continuous  all-night  shift 
in  factories  and  by  making  it  impossible  to  prolong  illegal  over- 
time of  women  beyond  ten  o'clock  in  the  evening.  To  accomplish 
these  purposes,  the  Legislature  found  it  was  necessary  to  fix  a 


318  Appendix  II 

closing  and  an  opening  hour.  In  no  other  way  did  the  Legislature 
believe  that  there  could  be  an  effective  enforcement  of  this  law 
through  methods  of  inspection  to  which  the  State  would  be  justi- 
fied in  resorting. 

Contentions  of  the  Commission 
The  Commission  contends: 

1.  That  night  work  of  women  in  factories  is  dangerous  to 
health,  inimical  to  good  morals,  and  destructive  of  the  vitality  of 
women  as  wives  and  mothers. 

2.  That  the  prohibition  of  such  night  work  by  the  Legislature 
is  a  reasonable  exercise  of  the  police  power  of  the  State. 

3.  That  the  means  taken  to  secure  an  effective  enforcement 
of  the  purpose  of  the  act,  that  is,  the  fixing  of  closing  and  opening 
hours,  are  reasonable  and  properly  within  the  discretion  of  the 
Legislature. 

4.  That  this  law  does  not  deny  to  women  the  equal  protection 
of  the  laws. 

5.  That  the  decision  of  the  Williams  case  is  not  decisive  of 
the  case  at  bar. 

These  contentions  are  afjirmatively  set  forth,  although  the  bur- 
den of  establishing  the  unreasonableness  of  the  law  rests  upon  the 
appellant  and  under  the  decisions,  the  law  should  be  sustained 
unless  su>ch  unreasonableness  is  established  clearly  and  beyond 
dovht. 


Briefs  Submitted  by  Commission  319 

POINTS 

I 

NIGHT  WORK  OF  WOMEN  IN  FACTORIES  IS  IN- 
JURIOUS TO  HEALTH,  INIMICAL  TO  MORALS  AND 
DESTRUCTIVE  OF  THE  VITALITY  OF  WOMEN  AS 
WIVES  AND  MOTHERS. 

To  support  this  contention  we  submit  the  following: 

1.  The  report  of  the  Factory  Investigating  Commission  sub- 
mitted to  the  Legislature  on  January  15,  1913. 

2.  The  "  Facts  of  Common  Knowledge "  on  the  physical, 
moral,  and  economic  effects  of  night  work,  collected  in  a  brief 
prepared  by  Louis  D.  Brandeis,  Esq.,  and  submitted  on  behalf  of 
the  people  in  this  case. 

3.  The  legislation  prohibiting  night  work  in  various  states  in 
this  country  and  in  Europe,  and  the  international  convention  or 
treaty  of  1907  resulting  in  an  agreement  by  the  leading  European 
countries  that  night  work  was  injurious  to  health  and  should  be 
prohibited  in  the  best  interests  of  the  workers  and  of  the  State. 

The  court  may  take  judicial  notice  of  all  of  the  foregoing. 
MuUer  v.  Oregon,  208  U.  S.  412. 
Matter  of  Viemeister,  179  N.  Y.  235. 
Tenement  House  Department  v.  Moeschen,  179  N.  Y. 
325. 
"  It  is  well  settled  by  this  court  and  in  the  Supreme  Court 
of  the  United  States  that  the  constitutionality  of  a  statute 
may   be   determined   by   considering   its  language   and   the 
material  facts  of  which  the  court  can  take  judicial  notice." 
Bartlett,  J.,  in   Tenement  House  Dept.   v.   Moeschen, 
179  N.  Y.  325,  330. 

1.  Report   of  the   Factory  Investigating   Commission 

This  report  of  an  official  investigating  commission  submitted 
to  the  Legislature  shows  beyond  doubt  that  night  work  of  women 
in  factories  is  injurious  to  their  health  and  exercises  a  deterior- 
ating influence  on  the  race. 


320  Appendix  II 

We  have  already  set  forth  earlier  in  this  brief  the  findings  of 
the  Commission  on  this  subject.  We  submit  the  following  con- 
clusions arrived  at  by  the  Commission,  on  which  was  based  its 
recommendation  to  the  Legislature  that  night  work  in  factories 
be  prohibited. 

"  The  authorities  all  agree  that  after  a  shorter  or  longer 
period  women  who  are  employed  at  night  or  until  late  even- 
ing hours  suffer  from  all  those  symptoms  which  mark  lowered 
vitality,  if  not  actual  disease,  such  as  loss  of  appetite,  head- 
ache, anemia,  and  weakness  of  the  female  functions    *    *    *. 

The  chief  danger  to  health  from  night  work  is  thus  due 
to  the  inevitable  lack  of  sleep  and  sunlight.  Kecuperation 
from  fatigue  takes  place  fully  only  in  sleep,  and  best,  in 
sleep  at  night.  Hence,  night  work  is,  in  a  word,  against 
nature.  When  exhausting  factory  work  fills  the  night,  and 
household  work  most  of  the  day,  health  must  inevitably  be 
sacrificed. 

This  injury  to  health  is  all  the  greater,  because  sleep  lost 
at  night  by  working  women  is  never  fully  made  up  by  day. 
For  in  the  first  place,  sleep  in  the  day  time  is  not  equal  in 
recuperative  power  to  sleep  at  night.  Dr.  Epstein  says,  in 
his  work  on  the  '  Diseases  of  Bakers  ' :  '  Doctors  and  experts 
on  hygiene  are  unanimous  in  declaring  that  sleep  at  night 
can  in  nowise  be  replaced  by  sleep  in  the  day  time.'* 
Various  other  medical  authorities  confirm  this  opinion. 
Moreover,  quiet  and  privacy  for  sleep  by  day  is  almost  impos- 
sible to  secure.  Upon  returning  home  in  the  middle  of  the 
night  or  at  dawn  the  workers  can  snatch  at  most  only  a  few 

hours'  rest.* 

******* 

Even  without  night  work  it  has  been  shown  that  the  re- 
turn of  married  women  to  factory  work  after  childbirth  in- 
creases the  mortality  of  infants.  Indeed,  owing  to  complex 
causes  a  much  higher  death  rate  of  infants  exists  in  such 
manufacturing  towns  as  Fall  River,  Massachusetts,  and 
Biddeford,  Maine,  than  in  non-manufacturing  towns.  The 
following  table  shows  this  fact: 


Epstein  Handbuch  der  Arbeiterkrankheiten,  1908. 


Briefs  Submitted  by  Commission  321 

The  number  of  deaths  of  infants  under  one  year  per  100 
deaths  at  all  ages  was,  in  the  year  1910  as  follows:* 

Boston 19 

Chicago 21 

l^Tew  York  City 21 

Biddeford 27 

Lowell 29 

Lawrence 35 

Holyoke 35 

Fall  River 39 


In  1910'  the  number  of  deaths  of  infants  under  one  year 
per  1,000  births  in  the  selected  cities,  was  as  follows  :f 

New  York   City 125 

Boston 126 

Philadelphia 138 

Lawrence 167 

New  Bedford 177 

Holyoke 213 

Lowell 231 


What  must  be  the  result  when  in  addition  to  the  ordinary 
labor  of  mothers,  the  factory  night  work  of  mothers  is  added  ? 

Ignorant  women  can  scarcely  be  expected  to  realize  the 
dangers  not  only  to  their  own  health  but  to  that  of  the  next 
generation  from  such  inhuman  usage.  But  it  is  precisely 
to  prevent  such  conditions  of  toil  as  threaten  the  welfare  of 
society  that  labor  laws  are  designed.  These  instances  show 
the  urgent  need  of  providing  by  law  an  adequate  period  of 
rest  at  night  for  women  who  work  in  factories. 


*  Bureau  of  the  Census.    Department  of  Commerce  and  Labor  Bulletin  109. 
Mortality  Statistics,   1910,  p.  14,  Washington,  1912. 
flbid,  p.   18. 

Vol.  I  — 11 


322  Appendix  II 

The  Danger  to  Morals 
Besides  the  injuries  to  health  from  the  all  night  shift  and 
the  late  overtime  night  work  of  women,  it  has  universally 
been  found  that  such  work  renders  women  liable  to  unusual 
moral  dangers  and  temptations.  When  women  are  dis- 
missed in  the  middle  of  the  night  or  at  dawn,  thej  face  the 
possibility  of  insult  or  attack  on  the  streets.  Those,  more- 
over, who  are  living  away  from  home  find  it  difficult  to  ob- 
tain respectable  boarding  places  to  which  they  may  return 
after  midnight." 

Second  Report,  New  York  State  Factory  Investigating 
Commission,  vol.  I,  pp.  194,  195,  197,  198,  202. 

2.  Facts  of  Common  Knowledge  on   the  Evils  of  Night 

Work 

This  brief  takes  up  in  detail  the  objections  to  night  work  of 
women  in  factories  and  cites  authorities,  including  the  reports  of 
physicians  and  scientists,  recommendations  of  investigating  com- 
missions and  others,  to  show  that  such  night  work  for  women  is 
one  of  the  greatest  evils  in  our  industrial  system  and  should  be 
prohibited. 

The  Court  will  undoubtedly  carefully  study  the  comprehensive 
data  that  has  been  collected  in  this  brief  for  its  information.  The 
appellant  in  his  brief  seeks  to  convey  the  impression  that  the 
"  Facts  of  Knowledge  "  is  out  of  date  and  ''  concerns  itself  in 
the  main  with  old  conditions."  He  cites  in  support  of  this  con- 
tention a  quotation  from  the  "  Facts  of  Knowledge,"  from  Great 
Britain  in  1834. 

Any  examination  of  the  "  Facts  of  Knowledge  "  will  show  that 
it  deals  with  conditions  existing  down  to  and  including  the  year 
1913,  when  the  law  in  question  was  enacted.  The  quotations 
from  the  early  British  factory  inspectors  reports  in  the  "  Facts 
of  Knowledge  "  show  that  the  evils  of  night  work  for  women  em- 
ployed in  factories  were  recognized  in  England  over  eighty  years 
ago.  While  conditions  of  employment  have  improved  since  then, 
the  fundamental  physiological  dangers  of  night  work  for  women 
have  remained  the  same,  aggravated  by  speeding  and  the  new 
strain  of  industry.     The  "  Facts  of  Knowledge  "  show  the  grow- 


Briefs  Submitted  by  Commission  323 

ing  appreciation  and  study  of  these  dangers  from  year  to  year 
and  decade  to  decade,  by  physicians,  scientists  and  factory  in- 
spectors throughout  the  world. 

We  submit  herewith  some  of  the  passages  in  this  brief  which 
sum  up  the  views  therein  represented. 

New  York  State  Department  of  Labor,  Vol.  8,  Bulletin 
—  1906  — Albany,  1907. 

"  In  Europe  the  subject  has  been  discussed  as  part  of  the 
question  of  rest.  In  European  legislatures  and  international 
congresses  the  prohibition  of  women's  night  work  has  been 
urged  as  necessary  to  secure  to  working  women  their  normal 
rest,  and  also  on  grounds  of  morality.  Women  have  less 
physical  strength  and  are  more  subject  to  over-fatigue  than 
men,  and  this  is  especially  true  of  night  workers  because 
household  duties  prevent  women  who  work  at  night  time 
from  obtaining  their  necessary  rest  in  the  day  time.  While 
the  women's  work  in  the  industrial  employments  is  more  ex- 
tensive abroad  than  in  the  United  States,  the  line  is  drawn 
on  night  work  in  all  the  leading  commercial  nations  "  (pp. 
337,  338). 

Brief  on  "Facts  of  Knowledge,"  page  11. 
Das  Verhot  der  Nachtarbeit.  Bericht  erstattet  an  den  Inter- 
nationalen  Kongress  fur  gesetzlichen  Arbeiterschutz  in  Paris, 
1900.  {Schmollers  Jahrbuch  25  3-4).  The  Prohibition  of 
NightworJc.  A  Report  at  the  International  Congress  for  Labor 
Legislation.  Paris,  190O.  (Schmollers  Yearbook  25  3-4). 
Dr.  Max  Hirsch. 

"It  is  a  fact  generally  recognized  by  science  and  experi- 
ence that  night  work  is,  per  se,  injurious  to  the  human 
organism.  This  harmfulness  is  shown  in  varying  degrees 
according  to  the  length,  the  frequence,  and  the  nature  of  the 
work,  and  the  age,  sex,  and  constitution  of  the  worker.  And 
industrial  night  work  especially, —  that  is  to  say,  regular  or 
frequent  night  work  —  is  emphatically  to  be  regarded  as  a 
factor  dangerous  to  health.  *  *  *  Although  some  ex- 
ceptions may  be  found  of  individuals  whose  health  does  not 


324  Appendix  II 

suffer  from  night  work,  its  ill  effects  for  the  large  majority 
camiot  be  denied  "  (p.  1259). 

"  Women  have  considerably  less  power  of  resistance 
(than  men)  to  the  hardships  of  industrial  life,  and  especially 
to  night  work.  Although  they  have  in  many  directions  as- 
tonishing powers  of  accomplishment  and  endurance,  this 
does  not  prevent  them  from  being  unfitted  to  meet  the  de- 
mands of  industrial  work,  since  their  bodies  are  weaker  to 
start  with,  and  the  exercise  of  sex  function  makes  them 
much  weaker,  hampers  them,  and  subjects  them  to  injuries 
to  which  men  are  immune.    *    *    *  " 

"  We  have  said  above  that  in  the  case  of  men,  and  e»- 
pecially  fathers  of  families,  one  of  the  chief  reasons  why 
night  work  is  injurious  to  health  is  that  it  interferes  with 
sleep.  For  wives,  mothers,  and  housekeepers  in  general, 
the  matter  is  much  worse  in  this  respect,  since  all  such 
women  have  of  course  much  greater  and  more  direct  family 
duties  to  perform  in  the  day  time.  When  they  come  home 
after  their  night's  toil  they  must  first  of  all  look  after  hus- 
bands, children,  and  rooms  and  they  must  get  breakfast,  etc. 
*  *  *  After  a  few  hours'  rest  (when  they  can  get  it),  it 
is  time  to  get  dinner;  after  dinner  is  over,  there  are  all 
sorts  of  things  to  be  done  for  the  children,  etc. ;  and  in  a 
few  hours  later  very  much  the  same  things  have  to  be  done 
over  again.  *  *  *  '^o  amount  of  heroism  can  ward  off 
the  ruinous  consequences  of  such  a  regime  —  consequences  to 
the  health  of  the  woman  herself,  of  the  other  members  of 
the  family,  and  of  the  children  still  to  come"  (pp.  1265- 
1266). 

Brief  on  "  Facts  of  Knowledge,"  pp.  123-125. 

Revue  d' Hygiene  et  de  Police  Sanitaire,  XII,  1890,  Paris. 
Note  Sur  le  Travail  de  Nuit  des  Femmes  dans  V Industrie. 
{Night  Work  of  Women  in  Industry),  Dr.  H.  ISTaples.  (Read 
hefore  the  Society  of  Public  Medicine  and  Industrial  Hygiene, 
Feb.,  1890.)       Paris,  Vallin. 

"  To  sum  up,  when  one  considers  either  the  hygienic  side 
or  the  moral  side  of  the  problem,  it  seems  necessary  to  pro- 


Briefs  Submitted  by  Commission  325 

Libit  the  night  work  of  women.  We  have  a  law  which  pro- 
tects childhood  because  we  know  how  useful  it  is,  with  the 
small  natality  of  this  country,  to  preserve  these  lives,  pre- 
cious and  altogether  too  few  as  they  are;  and  with  singular 
inconsistency  the  legislature  makes  a  law  which  authorizes 
girls  and  women  to  work  in  shops  at  night,  which  prepares 
girls  for  maternity  by  rendering  them  anaemic  and  favors 
their  falling  into  prostitution,  and  which  at  the  same  time 
keeps  mothers  separated  from  their  infants,  left  at  lodgings 
without  care  and  without  milk,  exposed  to  the  dangers  which 
menace  early  life,  and  for  the  avoidance  of  which  we  ex- 
pend in  France  each  year  more  than  a  million  and  a  half. 
That  is  neither  just,  nor  logical,  nor  humane.'' 

Brief  on  "  Facts  of  Knowledge,"  p.  140. 

Report  of  Senator  Richard  Waddington  of  the  French  Chamber 
of  Deputies  on  the  industrial  worh  of  children,  young  girls 
and  women,  June,  1890. 

"  Is  it  not  terrible  to  reflect  that  these  anaemic  working 
women  who  work  at  night  are  the  mothers  of  the  coming 
generation,  and  must  it  not  be  feared  that  they  will  indeed 
given  birth  to  an  '  army  of  invalids  '  as  one  witness  said  ?  " 
(p.  1088). 

Brief  on  "  Facts  of  Knowledge,"  p.  181. 

The  appellant  asserts  that  in  recent  years  factory  conditions 
have  improved,  the  hours  of  labor  of  women  have  been  decreased, 
and  therefore  the  "  Facts  of  Knowledge  "  concerning  the  evils  of 
night  work  have  no  application  to-day. 

Factory  conditions  have  improved,  but  the  ideal  conditions 
mentioned  in  Miss  Tarbell's  article,  from  which  the  appellant 
quotes  in  his  brief  (p.  46),  by  no  means  prevail  in  this  State. 
The  instances  she  mentioned  are  unfortunately  the  marked  ex- 
ception, rather  than  the  general  rule.  If  the  court  is  interested 
in  knowing  what  the  sanitary  conditions  in  factories  are,  it  will 
find  the  facts  based  upon  a  comprehensive  and  scientific  investi- 
gation, embodied  in  the  first  and  second  reports  of  this  Commis- 


326  Appendix  II 

sion.     (Preliminary  Keport,  Vol.  1,  pp.  71-75,  117-153;  iSecond 
Report,  Vol.  1,  pp.  227-234;  Vol.  2,  pp.  439-611.) 

The  appellant  has,  however,  neglected  to  mention  what  is  con- 
sidered by  all  those  familiar  with  modem  industry,  one  of  its 
greatest  factors:  that  is,  the  growing  strain  of  industry.  There 
is  an  increased  strain  resulting  from  monotonous  work  and  speed- 
ing-up, intensified  by  the  piece  work  system  which  so  largely  pre- 
vails in  industries  in  which  women  are  employed.  The  continu- 
ous strain  and  attention,  due  to  the  mechanical  nature  of  the 
work,  is  nerve-racking  in  its  effect  upon  the  workers.  N^ewer 
and  faster  machines  are  being  constantly  introduced,  and  the 
number  of  machines  tended  by  individual  workers  are  constantly 
being  increased.  Commenting  on  this,  an  investigator  in  a  re- 
port made  to  the  Commission  on  women  workers  in  factories  in 
New  York  State  in  1912,  says  as  follows: 

"  Most  of  the  work  done  by  women  in  factories,  however, 
is  injurious  to  health,  not  so  much  on  its  physical  side,  but 
on  account  of  the  nervous  strain  involved  in  the  extreme 
monotony  of  the  processes  and  the  speed  with  which  they 
are  carried  on.  Modem  industry  has  been  developed  chiefly 
by  men  for  men.  iSTewer  and  faster  machines  are  con- 
tinually being  introduced.  In  the  clothing  industry  women 
operate  machines  that  take  from  1,500  to  2,000  stitches  a 
minute.  In  the  paper  box  trade  girls  will  "  stay  "  or  "  fill- 
in  "  upwards  of  2,000  boxes  in  a  day,  involving  over  4,000 
pressures  with  the  foot.  Automatic  die-presses  open  and 
close  every  two  seconds,  and  within  this  time  the  woman 
worker  must  remove  the  printed  sheet  and  insert  a  fresh 
one.  In  the  knitting  mills  in  Utica,  machines  take  3,500 
stitches  a  minute.  Unlimited  speed  and  unlimited  produc- 
tion is  the  manufacturer's  dream,  but  modem  machine  pro- 
duction is  taking  no  account  of  the  strain  upon  women 
workers  of  long  hours  at  such  monotonous  and  nerve-rack- 
ing work  in  destroying  their  health,  and  thus  lowering  the 
efiiciency  of  future  generations  of  workers." 

Preliminary  Report  ISTew  York  State  Factory  Investi- 
gating Commission,  Volume  I,  pp.  294,  295. 


Briefs  Submitted  by  Commission  327 

There  is  then  in  modem  industry  a  greater  strain  upon  the 
women  workers  than  ever  before,  and  this  makes  it  imperative  that 
night  work  of  women  in  factories  be  prohibited,  and  that  they  be 
afforded  an  adequate  period  of  rest  at  night. 

3.  Lelislation  Pkohibiting  Night  Work  of  Women 
Legislation  in  this  Country 

Laws  in  this  country  prohibiting  night  work  of  women  in  fac- 
tories are  found  in  the  following  states : 

Massachusetts  (1890);  Indiana  (1894);  Nebraska  (1899); 
Pennsylvania  (1913);  Oregon  (1914). 

Night  work  of  women  in  mercantile  establishments  is  prohib- 
ited in : 

Nebraska  (1899);  South  Carolina  (1911);  Connecticut 
(1913);  Oregon  (1914): 

The  detailed  provisions  of  these  laws  and  the  opening  and  clos- 
ing hours  specified  in  them  will  be  found  in  the  brief  on  "  Facts 
of  Knowledge/'  pages  1-3. 

Foreign  Legislation 

The  first  statute  limiting  the  hours  of  labor  of  adult  women  in 
any  country  was  the  British  law  of  1844.  That  law  limited  the 
hours  of  labor  of  women  in  textile  mills  to  twelve  hours  in  one  day 
and  provided  for  a  period  of  rest  at  night  between  8 :30  p.  m.  and 
5  :30  A.  m.  By  later  enactments  further  restrictions  were  intro- 
duced. 

Brief  on  "  Facts  of  Knowledge,"  pp.  7a  and  7b. 

Following  Great  Britain,  night  work  of  women  in  factories  be- 
fore and  after  specified  hours  was  prohibited  by  law  in  the  follow- 
ing countries:  Switzerland,  1877;  Austria,  1885;  Netherlands, 
1889;  Germany,  1891;  France,  1892;  Italy,  1902. 

International  Convention 
Beginning  with  the  International  Congress  of  Hygiene  and 
Demography  in  1877,  various  international  meetings  passed  reso- 
lutions declaring  that  the  prohibition  of  industrial  night  work  of 
women  was  necessary  to  preserve  their  health  and  morals.  In 
1901  the  International  Association  for  Labor  Legislation  investi- 


328  Appendix  II 

gated  the  subject  of  industrial  night  work  of  women  in  various 
countries  and  studied  the  results  proceeding  from  laws  prohibit- 
ing such  night  work.  Following  this  investigation  and  upon  the 
recommendation  of  the  International  Association  for  Labor  Legis- 
lation, the  Federal  Council  of  iSwitzerland  called  a  conference  of 
European  powers  to  meet  at  Berne,  Switzerland,  on  September 
26,  1906,  to  consider  this  problem.  Representatives  of  fourteen 
European  governments  met  and  signed  an  International  Conven- 
tion for  the  prohibition  of  industrial  night  work  for  all  women. 
Articles  one  and  two  of  the  Convention  read  as  follows : 

"Article  1.  Industrial  night  work  shall  be  prohibited  for 
all  women  without  distinction  of  age,  with  the  exceptions 
hereinafter  noted.  This  agreement  shall  apply  to  all  indus- 
trial establishments  employing  more  than  ten  men  and 
women ;  in  no  case  shall  it  apply  to*  those  establishments  in 
which  only  members  of  the  proprietor's  family  are  employed. 
LTpon  each  of  the  contracting  states  devolves  the  duty  of  de- 
fining what  shall  be  understood  by  "  industrial  establish- 
ment." Among  these  shall  be  included,  in  any  case,  mines 
and  quarries,  as  well  as  industries  for  the  manufacture 
or  working  up  of  raw  materials.  On  this  last  subject  legisla- 
tion in  the  individual  states  shall  fix  the  limit  between  indus- 
try on  the  one  hand  and  agriculture  and  commerce  on  the 
other. 

Article  2.  The  night  rest  contemplated  in  the  preceding 
article  shall  have  a  minimum  duration  of  eleven  consecutive 
hours;  in  those  eleven  hours,  whatever  else  be  the  legislation 
of  each  state,  shall  be  included  the  interval  from  ten  o'clock 
in  the  evening  to  five  o'clock  in  the  morning.  In  the  states  in 
which  the  night  work  of  adult  women  employed  in  industry 
has  not  yet  been  regulated,  however,  the  length  of  uninter- 
rupted rest  may,  temporarily,  for  a  period  of  not  over  three 
years,  be  limited  to  ten  hours." 

Between  1906  and  1912  all  the  powers  represented  except  Den- 
mark ratified  the  Convention,  and  in  many  cases  their  legislation 
provided  for  a  longer  period  of  rest  at  night  than  that  provided  by 
the  international  agreement. 


Briefs  Submitted  by  Commission  329 

Brief  on  "  Facts  of  Knowledge,"  pages  5-8. 
The  State  of  E^ew  York  in  enacting  the  statute  prohibiting  night 
work  of  women  in  factories  before  and  after  specified  hours,  is 
therefore  taking  no  new  or  untried  step.  Such  legislation  has  been 
in  force  for  many  years  in  some  of  the  States  of  the  Union,  and  in 
practically  every  European  country  and  has  met  with  general 
approval. 

'Conclusion 

It  is  thus  established  that  not  only  is  there  a  reasonable  connec- 
tion between  the  protection  of  health  and  the  prohibition  of  night 
work  of  women  in  factories,  but  that  such  prohibition  is  clearly 
demanded  by  the  best  interests  of  the  workers  and  by  the  iState 
itself  for  its  own  preservation.  The  investigations  of  the  Factory 
Commission,  the  experience  and  legislation  in  this  and  in  foreign 
countries  and  the  opinions  of  physicians  and  other  experts  and  of 
legislative  commissions  all  over  the  world  make  this  conclusion 
irresistible. 

The  law  under  consideration  will  not  deprive  thousands  of 
women  of  a  livelihood.  That  is  a  reckless  and  misleading  state- 
ment made  by  the  appellant  in  his  brief,  and  is  not  supported  by 
any  evidence  before  this  Court,  or  by  any  facts  gathered  by  the 
Commission. 

The  law  was  passed  by  the  Legislature  of  1913,  after  the  pro- 
posal was  given  the  widest  publicity  by  the  Commission,  and  after 
a  public  hearing  held  by  legislative  committees  which  was  largely 
attended.  Since  then  the  Commission  has  been  holding  hearings 
in  different  parts  of  the  State,  and  in  all  that  time  they  have  heard 
but  one  objection  to  the  law  prohibiting  night  work  of  women  in 
factories,  and  that  comes  from  the  small  group  of  workers  em- 
ployed in  composing  and  bindery  rooms  represented  by  the  appel- 
lant, some  of  whom  desire  to  be  employed  on  continuous  night 
shifts,  and  that  complaint  has  been  limited  to  New  York  City.  Of 
the  women  so  employed  only  a  small  proportion  are  ever  called 
upon  to  work  at  night,  and  a  readjustment  that  would  follow  upon 
the  enforcement  of  this  law  would,  without  doubt,  result  in  work 
being  given  to  those  women  in  the  day  time. 

The  appellant  contends  that  the  women  in  this  industry  should 
be  permitted  to  work  on  a  continuous  night  shift,  that  their  work 


330  Appendix  II 

is  light,  and  that  the  nature  of  the  business  demands  this  extra 
work.  Without  going  into  the  merits  of  this  contention,  it  is  clear 
that  if  any  exemption  is  necessary  or  proper,  that  is  for  the  Legis- 
lature and  not  for  the  courts  to  pass  upon.  The  general  approval 
with  which  this  law  has  been  met  by  the  great  mass  of  manufac- 
turers employing  women,  and  by  the  women  workers  themselves, 
shows  that  it  is  most  reasonable  in  its  application. 

"  It  is  not  the  hardship  of  the  individual  case  that  deter- 
mines the  question,  but  rather  the  general  scope  and  effect 
of  the  legislation  as  an  exercise  of  the  police  power  in  pro- 
tecting health  and  promoting  the  veelfare  of  the  community 
at  large." 

Bartlett,  J.,  in  Tenement  House  Dept.  v.  Moeschen,  1Y9 
N.  Y.  325,  330. 

A  brief  has  been  filed  in  this  court  on  behalf  of  certain  ice- 
cream manufacturers,  as  amicus  curiae,  challenging  the  constitu- 
tionality of  the  statute  in  question.  It  should  he  stated,  however, 
that  the  Factory  Commission  at  no  tim^e  received  any  objection 
to  this  law  from  a  single  manufacturer  or  employee  in  the  ice- 
cream manufacturing  industry. 


Briefs  Submitted  by  Commission  331 

II 

THE  PKOHIBITION  BY  THE  LEGISLATURE  OF 
NIGHT  WORK  OF  WOMEN  IN  FACTORIES  IS  VALID 
AS  BEING  A  REASONABLE  EXERCISE  OF  THE 
POLICE  POWER  OF  THE  STATE. 

Holden  v.  Hardy,  169  U.  S.  366. 

MuUer  v.  Oregon,  208  U.  S.  412,  affirmed  in  Hawley 

V.  Walker,  232  U.  S.  718. 
C,  B.  &  Q.  R.  R.  Co.  V.  McGuire,  219  U.  S.  549. 
People  V.  King,  110  N.  Y.  418. 
People  V.  Ewer,  141  N.  Y.  129. 

People  ex  rel.  Nechamcus  v.  Warden,  144  N.  Y.  529. 
People  V.  Havnor,  149  N.  Y.  195. 

Under  the  preceding  point  it  has  been  shown  that  night  work 
of  women  in  factories  is  injurious  to  the  health  of  the  workers 
and  inimical  to  the  welfare  of  the  community.  If  that  is  so  the 
Legislature,  under  the  authorities  above  cited,  has  power  to  enact 
a  law  prohibiting  that  evil. 

In  C,  B.  &  Q.  R.  R.  Co.  v.  McGuire  (219  U.  S.,  549),  Mr. 
Justice  Hughes  said  at  pp.  567  and  568 : 

"  There  is  no  absolute  freedom  to  do  as  one  wills  or  to  con- 
tract as  one  chooses.  The  guaranty  of  liberty  does  not  with- 
draw from  legislative  supervision  that  wide  department  of 
activity  which  consists  of  the  making  of  contracts,  or  deny  to 
government  the  power  to  provide  restrictive  safeguards. 
Liberty  implies  the  absence  of  arbitrary  restraint,  not  im- 
munity from  reasonable  regulations  and  prohibitions  imposed 
in  the  interests  of  the  community. 

It  is  subject  also  in  the  field  of  state  action  to  the  essential 
authority  of  government  to  maintain  peace  and  security  and 
to  enact  laws  for  the  promotion  of  the  health,  safety,  morals 
and  welfare  of  those  subject  to  its  jurisdiction." 

In  Holden  v.  Hardy  (169  U.  S.  366)^  Mr.  Justice  Brown  said, 
page  397 : 

"  But  the  fact  that  both  parties  are  of  full  age  and  com- 
petent to  contract  does  not  necessarily  deprive  the  State  of 


332  Appendix  II 

the  power  to  interfere  where  the  parties  do  not  stand  on  an 
equality  or  where  the  public  health  demands  that  one  party 
to  the  contract  shall  be  protected  against  himself.  '  The 
State  still  retains  an  interest  in  his  welfare,  however  reckless 
he  may  be.  The  whole  is  no  greater  than  the  sum  of  all  the 
parts,  and  when  the  individual  health,  safety  and  welfare  are 
sacrificed  or  neglected  the  State  must  suffer.'  " 

In  People  ex  rel.  Nechamcus  v.  Warden   (144  N.  Y.   529), 
Gray,  J.,  said  at  page  535 : 

"  The  police  power  extends  to  the  protection  of  persons 
and  of  property  within  the  state.  In  order  to  secure  that 
protection,  they  may  be  subjected  to  restraints  and  burdens 
by  legislative  acts.  If  the  act  is  a  valid  and  reasonable 
exercise  of  the  police  power  of  the  state,  then  it  must  be 
submitted  to,  as  a  measure  designed  for  the  protection  of  the 
public  and  to  secure  it  against  some  danger,  real  or  antici- 
pated, from  a  state  of  things,  which  modifications  in  our 
social  or  commercial  life  have  brought  about.  The  natural 
right  to  life,  liberty  and  the  pursuit  of  happiness  is  not  an 
absolute  right.  It  must  yield,  whenever  the  concession  is  de- 
manded by  the  welfare,  health  or  prosperity  of  the  state. 
The  individual  must  sacrifice  his  particular  interest  or  de- 
sires, if  the  sacrifice  is  a  necessary  one  in  order  that  organized 
society  as  a  whole  shall  be  benefited.  That  is  a  fundamental 
condition  of  the  state  and  which,  in  the  end,  accomplishes  by 
reaction  a  general  good,  from  which  the  individual  must  also 
benefit." 

In  People  v.  Havnor  (149  N.  Y.  195),  Vann,  J.,  said  at  pages 
203,  204: 

"  It  is  to  the  interest  of  the  state  to  have  strong,  robust, 
healthy  citizens,  capable  of  self-support,  of  bearing  arms,  and 
of  adding  to  the  resources  of  the  country."  *  *  *  "  In- 
dependent of  any  question  relating  to  morals  or  religion,  the 
physical  welfare  of  the  citizen  is  a  subject  of  such  primary 
importance  to  the  state  and  has  such  a  direct  relation  to  the 


Briefs  Submitted  by  Commission  333 

general  good,  as  to  make  laws  tending  to  promote  that  object 
proper  under  the  police  power,  and  hence  valid  under  the 
Constitution  '  which  presupposes  its  existence,  and  is  to  be 
construed  with  reference  to  that  fact.'  " 

The  report  of  the  Factory  Investigating  Commission  reflects 
the  "  common  belief  "  in  this  State  that  night  work  of  women  in 
factories  is  injurious  to  health  and  morals  and  should  be  pro- 
hibited. 

In  Matter  of  Viemeister  (179  K  Y.  235),  Vann,  J.,  after 
remarking  that  a  "common  belief  like  common  knowledge,  does 
not  require  evidence  to  establish  its  existence,"  but  is  a  matter  of 
which  the  court  can  take  judicial  notice,  said  at  page  241 : 

"  The  fact  that  the  belief  is  not  universal  is  not  control- 
ling, for  there  is  scarcely  any  belief  that  is  accepted  by  every 
one.  The  possibility  that  the  belief  may  be  wrong,  and  that 
science  may  yet  show  it  to  be  wrong,  is  not  conclusive,  for  the 
legislature  has  the  right  to  pass  laws  which,  according  to  the 
common  belief  of  the  people  are  adapted  to  prevent  the  spread 
of  contagious  diseases.  In  a  free  country  where  the  govern- 
ment is  by  the  people  through  their  chosen  representatives, 
practical  legislation  admits  of  no  other  standard  of  action, 
for  what  the  people  believe  is  for  the  common  welfare  must 
be  accepted  as  tending  to  promote  the  common  welfare, 
whether  it  does  in  fact  or  not.  Any  other  basis  would  conflict 
with  the  spirit  of  the  Constitution  and  would  sanction  meas- 
ures opposed  to  a  republican  form  of  government. 

"  While  we  do  not  decide  and  cannot  decide  that  vaccina- 
tion is  a  preventive  of  small  pox,  we  take  judicial  notice  of 
the  fact  that  this  is  the  common  belief  of  the  people  of  the 
state,  and  with  this  fact  as  a  foundation,  we  hold  that  the 
statute  in  question  is  a  health  law,  enacted  in  a  reasonable 
and  proper  exercise  of  the  police  power." 

Quoted  with  approval  by  Mr.  Justice  Harlan,  in  Jacobson  v. 
Massachusetts,  197  U.  S.  11,  35. 


334  Appendix  II 

III 
FIXING  A  CLOSING  AND  OPENING  HOUK  IS  A 
REASONABLE  MEANS  OF  SECURING  THE  EFFEC- 
TIVE PROHIBITION  OF  CONTINUOUS  NIGHT  SHIFTS 
AND  PROLONGED  OVERTIME  OF  WOMEN  IN  FAC- 
TORIES. 

We  have  shown  that  there  is  a  direct  connection  between  the 
protection  of  health  and  the  prohibition  of  the  continuous  all 
night  shift  of  women  in  factories,  or  of  prolonged  overtime,  in 
which  a  woman  in  violation  of  law,  works  more  than  ten  hours  in 
the  day  time  and  extends  her  work  until  late  at  night.  In  People 
V.  Williams  (189  N.  Y.  131),  Gray,  J.,  said  at  pages  134  and 
135: 

"  If  the  inhibition  of  the  section  in  question  had  been 
framed  to  prevent  the  ten  hours  of  work  from  being  per- 
formed at  night,  or  to  prolong  them  beyond  nine  o'clock  in 
the  evening,  it  might,  more  readily,  be  appreciated  that  the 
health  of  women  was  the  matter  of  legislative  concern.  That 
is  not  the  effect,  nor  the  sense,  of  the  provision  of  the  section, 
with  which,  alone,  we  are  dealing.  It  was  not  the  case  upon 
which  this  defendant  was  convicted. 

In  the  case  now  being  considered  the  defendant  was  convicted 
for  employing  a  ivoman  on  a  continuous  night  shift.  From  the 
language  of  the  court  above  quoted,  it  might  well  be  inferred  that 
even  in  the  Williams  case  the  court  believed  that  a  prohibition  of 
continuous  all  night  work  of  women,  would  have  a  reasonable 
connection  with  the  protection  of  health  and  would  be  within  the 
police  power  of  the  State. 

The  court,  however,  went  on  to  say  at  page  135  : 

"  If  this  enactment  is  to  be  sustained,  then  an  adult  woman, 
although  a  citizen  and  entitled  as  such  to  all  the  rights  of 
citizenship,  under  our  laws,  may  not  be  employed,  nor  con- 
tract to  work  in  any  factory  for  any  period  of  time  no  matter 
how  short,  if  it  is  within  the  prohibited  hours ;  and  this,  too, 
without  any  regard  to  the  healthfulness  of  the  employment." 


Briefs  Submitted  by  Commission  335 

The  court  in  effect  held  that  the  fixing  of  a  closing  and  an  open- 
ing hour  —  the  prohibition  of  employment  after  ten  o'clock  in  the 
evening  or  before  six  o'clock  in  the  morning,  was  not  a  reasonable 
means  of  attaining  the  legitimate  objects  sought  to  be-  acct)m- 
plished  by  the  law,  that  is,  the  prevention  of  the  continuous  all 
night  shift  and  prolonged  overtime. 

We  contend  that  the  fixing  of  siich  closing  and  opening  hours 
is  reasonable  and  necessary  to  secure  the  enforcement  of  the  legis- 
lative intent : 

1st.  In  order  that  the  prohibition  against  the  continuous  all 
night  shift  of  women  in  factories  might  be  effectively  enforced. 

2nd.  In  order  that  the  law  limiting  the  hours  of  labor  of  women 
to  ten  hours  a  day  might  be  more  effectively  enforced  and  overtime 
work  of  women  in  violation  of  that  law  prevented  in  any  event 
from  being  extended  until  late  at  night. 
Booth  V.  Illinois,  184  U.  S.  425. 
Otis  V.  Parker,  187  U.  S.  606. 
K  Y.  ex  rel.  Silz  v.  Hesterberg,  184  N.  Y.  126 ;  affirmed 

in  211  U.  S.  31. 
Purity  Extract  and  T.  Co.  v.  Lynch,  226  U.  S.  192. 
Riley  v.  Commonwealth  of  Massachusetts,  232  U.  S.  671 
(1914). 

In  Booth  V.  Illinois  (184  U.  S.  425),  the  defendant  was  con- 
victed for  a  violation  of  the  statute  of  the  State  of  Illinois  which 
made  it  a  criminal  offense  to  give  an  option  to  buy  gi-ain  at  a 
future  time.  The  defendant  contended  that  the  statute  as  inter- 
preted by  the  highest  court  of  the  State  was  "  not  directed  against 
gambling  contracts  relating  to  the  selling  or  buying  of  grain  or 
other  commodities,  but  against  mere  options  to  sell  or  buy  at  a 
future  time  without  any  settlement  between  the  parties  upon  the 
basis  of  differences  and  therefore  involving  no  element  of 
gambling." 

The  court  sustained  the  judgment  of  conviction  and  Mr.  Justice 
Harlan  said,  at  page  429 : 

"  If  looking  at  all  the  circumstances  that  attend,  or  which 
may  ordinarily  attend,  the  pursuit  of  a  particular  calling,  the 


336  Appendix  II 

State  thinks  that  certain  admitted  evils  cannot  be  successfully 
reached  unless  that  calling  be  actually  prohibited,  the  courts 
cannot  interfere,  unless,  looking  through  mere  forms  and  at 
the  substance  of  the  matter,  they  can  say  that  the  statute  en- 
acted professedly  to  protect  the  public  morals  has  no  real  or 
substantial  relation  to  that  object,  but  is  a  clear,  umnistak- 
able  infringement  of  rights  secured  by  the  fundamental  law 
(citing  cases). 

"  We  cannot  say  from  any  facts  judicially  known  to  the 
court,  or  from  the  evidence  in  this  case,  that  the  prohibition 
of  options  to  sell  grain  at  a  future  time  has,  in  itself,  no 
reasonable  relation  to  the  suppression  of  gambling  grain  con- 
tracts in  respect  of  which  the  parties  contemplate  only  a  settle- 
ment on  the  basis  of  differences  in  the  contract  and  market 
prices  *  *  *.  It  must  be  assumed  that  the  Legislature 
was  of  opinion  that  an  effectual  mode  to  suppress  gambling 
grain  contracts  was  to  declare  illegal  all  options  to  sell  or  buy 
at  a  future  time.  The  court  is  unable  to  say  that  the  means 
employed  were  not  appropriate  to  the  end  sought  to  be  ob- 
tained and  which  it  was  competent  for  the  State  to  accom- 
plish.    *     *     * 

The  statute  here  involved  may  be  unwise.  But  an  unwise 
enactment  is  not  necessarily  for  that  reason  invalid.  *  *  * 
The  courts  have  nothing  to  do  with  the  mere  policy  of  legis- 
lation "  (p.  431). 

Otis  v.  Parker  (187  U.  S.  606),  dealt  with  a  provision  of  the 
Constitution  of  California  which  provided  that  all  contracts  for 
the  sale  of  shares  of  the  capital  stock  of  any  corporation  on  margin 
or  to  be  delivered  at  a  future  day  should  be  void.  The  objection 
urged  against  the  provision  in  its  literal  sense  was  "  that  this  pro- 
hibition of  all  sales  on  margin  bears  no  reasonable  relation  to  the 
evil  sought  to  be  cured." 

The  court,  however,  upheld  the  provision,  Mr.  Justice  Holmes 
saying,  at  page  609 : 

"  Even  if  the  provision  before  us  should  seem  to  us  not  to 
have  been  justified  by  the  circumstances  locally  existing  in 
California  at  the  time  when  it  was  passed,  it  is  shown  by  its 


Bkiefs  Submitted  by  Commission  337 

adoption  to  have  expressed  a  deep-seated  conviction  on  the 
part  of  the  people  concerned  as  to  what  that  policy  required. 
Such  a  deep-seated  conviction  is  entitled  to  great  respect.  If 
the  State  thinks  that  an  admitted  evil  cannot  be  prevented 
except  bj  prohibiting  a  calling  or  transaction  not  itself  neces- 
sarily objectionable  the  courts  cannot  interfere,  unless,  in 
looking  at  the  substance  of  the  matter  they  can  see  it  is  a 
clear,  unmistakable  infringement  of  rights  secured  by  the 
fundamental  law  (citing  cases). 

No  court  would  declare  a  usury  law  unconstitutional,  even 
if  every  member  of  it  believed  that  Jeremy  Bentham  had  said 
the  last  word  on  that  subject  and  had  shown  for  all  time  that 
such  laws  did  more  harm  than  good." 

In  N".  Y.  ex  rel.  Silz  v.  Hesterberg  (184  N.  Y.  126),  the  de^ 
fendant  was  convicted  for  violating  the  provisions  of  the  Forest, 
Fish  and  Game  Law  of  New  York,  prohibiting  the  possession  of 
certain  game  during  the  closed  season,  the  statute  also  covering 
game  that  came  from  without  the  State.  The  defendant  was 
prosecuted  for  having  in  his  possession  during  the  closed  season 
in  New  York  some  plover  and  grouse  which  had  been  lawfully 
taken  and  killed  abroad  during  the  open  season  there  and  imported 
by  him.  It  was  conceded  that  these  game  birds  were  varieties 
different  from  those  found  in  this  State  and  could  readily  be  dis- 
tinguished from  the  plover  and  grouse  found  here.  It  was  con- 
tended that  while  the  protection  of  the  game  supply  of  the  State 
was  within  the  police  power,  the  act  in  question  was  an  unlawful 
and  arbitrary  exercise  of  that  power  because  protection  of  the  game 
of  this  State  did  not  require  a  penalty  to  be  imposed  for  the  pos- 
session out  of  season  of  imported  birds  of  the  kind  held  by  the  de- 
fendant. The  court  sustained  the  conviction,  Cullen,  Ch.  J.,  say- 
ing, at  page  131 : 

"  To  the  argument  that  the  exclusion  of  foreign  game  in 
no  way  tends  to  the  preservation  of  domestic  game,  it  is  suffi- 
cient to  say  that  substantially  the  uniform  belief  of  legisla- 
tures and  people  is  to  the  contrary,  and  that  both  in  En;i2land 
and  many  of  the  States  in  this  country  legislation  prohibiting 
the  possession  of  foreign  game  during  the  close  season  has 


338  Appendix  II 

been  upheld  as  being  necessary  to  the  protection  of  domestic 
game,  on  the  ground  that  without  such  inhibition  or  restric- 
tion any  law  for  the  protection  of  domestic  game  could  be 
successfully   evaded     *     *     *     (citing  cases)." 

This  decision  was  affirmed  by  the  United  States  Supreme  Court 
(211  U.  S.  31),  Mr.  Justice  Day  saying  at  page  40 : 

"  It  is  insisted  that  a  method  of  inspection  can  be  estab- 
lished which  will  distinguish  the  imported  game  from  that 
of  the  domestic  variety  and  prevent  confusion  in  its  handling 
and  selling.  That  such  game  can  be  distinguished  from 
domestic  game  has  been  disclosed  in  the  record  in  this  case, 
and  it  may  be  that  such  inspection  laws  would  be  all  that 
would  be  required  for  the  protection  of  domestic  game.  But, 
subject  to  constitutional  limitations,  the  legislature  of  the 
State  is  authorized  to  pass  measures  for  the  protection  of 
the  people  of  the  State  in  the  exercise  of  the  police  power, 
and  is  itself  the  judge  of  the  necessity  or  expediency  of  the 
means  adopted.  In  order  to  protect  local  game  during  the 
closed  season  it  has  been  found  expedient  to  make  possession 
of  all  such  game  during  that  time,  whether  taken  within  or 
without  the  State,  a  misdemeanor.  In  other  States  of  the 
Union  such  laws  have  been  deemed  essential,  and  have  been 
sustained  by  the  Courts.  *  *  *  (citing  cases).  It  has 
been  provided  that  the  possession  of  certain  kinds  of  game 
during  the  closed  season  shall  be  prohibited,  owing  to  the 
possibility  that  dealers  in  game  may  sell  birds  of  the  domestic 
kind  under  the  claim  that  they  were  taken  in  another  State 
or  county." 

In  Purity  Company  v.  Lynch  (226  U.  S.)   192,  Mr.  Justice 
Hughes  said,  at  page  201 : 

"  That  the  state,  in  the  exercise  of  its  police  power,  may 
prohibit  the  selling  of  intoxicating  liquors  is  undoubted 
*  *  *  (citing  cases).  It  is  also  well  established  that, 
when  a  state  exerting  its  recognized  authority,  undertakes  to 
suppress  what  it  is  free  to  regard  as  a  public  evil,  it  may 


Briefs  Submitted  by  Commission  339 

adopt  such  measures  having  reasonable  relation  to  that  end 
as  it  may  deem  necessary  in  order  to  make  its  action  effective. 
It  does  not  follow  that  because  a  transaction  separately  con- 
sidered is  innocuous  it  may  not  be  included  in  a  prohibition^ 
the  scope  of  which  is  regarded  as  essential  in  the  legislative 
judgment  to  accomplish  a  purpose  within  the  admitted  power 
of  the  Government  *  *  *  (citing  cases).  With  the 
wisdom  of  the  exercise  of  that  judgment  the  court  has  no  con- 
cern ;  and  unless  it  clearly  appears  that  the  enactment  has  no 
substantial  relation  to  a  proper  purpose,  it  cannot  be  said 
that  the  limit  of  legislative  power  has  been  transcended.  To 
hold  otherwise  would  be  to  substitute  judicial  opinion  and  ex- 
pediency for  the  will  of  the  legislature,  a  notion  foreign  to  our 
constitutional  system."     (Italics  ours). 

And  at  page  204 : 

"  It  was  competent  for  the  legislature  of  Mississippi  to 
recognize  the  difficulties  besetting  the  administration  of  laws 
aimed  at  the  prevention  of  traffic  in  intoxicants.  It  pro- 
hibited, among  other  things,  the  sale  of  '  malt  liquors.'  In 
thus  dealing  with  a  class  of  beverages  which,  in  general,  are 
regarded  as  intoxicating,  it  was  not  bound  to  resort  to  a  dis- 
criminating with  respect  to  ingredients  and  processes  of 
manufacture  which,  in  the  endeavor  to  eliminate  innocuous 
beverages  from  the  condemnation  would  facilitate  subterfuges 
and  frauds  and  fetter  the  enforcement  of  the  law.  A  con- 
trary conclusion,  logically  pressed  would  save  the  nominal 
power  while  preventing  its  effective  exercise.  The  statute 
establishes  its  own  category.  The  question  in  this  court  is 
whether  the  legislature  had  power  to  establish  it.  The  ex- 
istence of  this  power,  as  the  authorities  we  have  cited  abun- 
dantly demonstrate,  is  not  to  be  denied  simply  because  some 
innocent  articles  or  transactions  may  be  found  within  the 
prescribed  class     *     *     *. 

"  That  the  opinion  is  extensively  held  that  a  general  pro- 
hibition of  the  sale  of  malt  liquors,  whether  intoxicating  or 
not,  is  a  necessary  means  to  the  suppression  of  trade  in  intoxi- 
cants, sufficiently  appears  from  the  legislation  of  other  states 


340  Appendix  II 

and  the  decision  of  the  courts  in  its  coilstruction  *  *  * 
(citing  cases).  We  cannot  say  that  there  is  no  basis  for  this 
widespread  conviction."     (Italics  ours.) 

In  Riley  v.  Massachusetts  (232  U.  S.  271,  decided  1914),  the 
defendant  was  convicted  for  violating  a  statute  of  Massachusetts, 
providing  that  no  child  or  woman  be  employed  in  a  manufacturing 
establishment  more  than  ten  hours  a  day  (except  to  make  a  shorter 
day's  work  of  one  day  of  the  week),  or  more  than  fifty-six  hours 
a  week,  and  requiring  the  employer  to  post  a  notice  stating  the 
number  of  hours  of  work  required  by  women  and  child  workers 
on  each  day  of  the  week,  the  hours  of  commencing  and  stopping 
work,  and  when  the  time  allowed  for  meals  begins  and  ends.  The 
statute  prohibited  and  made  a  criminal  offense  the  employment 
of  women  and  children  at  a  time  other  than  stated  in  the  notice. 
The  defendant  was  convicted  for  employing  two  women  at  five 
minutes  of  one  in  the  afternoon  in  a  room  where  a  notice  was 
posted,  in  which  was  stated  that  the  time  of  commencing  work  was 
6:50  A.  M.,  of  stopping  work,  6  p.  m.,  and  the  time  allowed  for 
dinner  began  at  12  m.  and  ended  at  1  p.  m.  It  was  urged  that 
the  section  in  question  was  unconstitutional  because  it  not  only 
prohibited  the  employment  of  women  more  than  10  hours  a  day 
but  provided  that  the  employment  of  a  woman  at  a  time  other  than 
stated  in  the  printed  notice  required  by  the  section,  was  to  be 
deemed  a  violation  of  the  section  regardless  of  the  number  of  hours 
the  woman  actually  worked.  The  United  States  Supreme  Court 
sustained  the  conviction,  Mr.  Justice  McKenna  saying,  at  page 
671: 

"  The  provision  is  arbitrary  and  unreasonable,  it  is  in- 
sisted, in  that  it  requires  the  employer  to  post  a  notice  in  a 
room  in  which  women  and  minors  are  permanently  employed 
in  laboring  only  six  hours  a  day,  and  makes  it  a  crime  if 
such  person  is  allowed  to  work  for  five  minutes  at  a  time  other 
than  as  stated  in  the  notice.  But  if  we  might  imagine  that 
an  employer  would  so  enlarge  the  restrictions  of  the  statute  or 
be  charged  with  violating  it  if  he  did,  we  yet  must  remember 
that,  as  it  was  competent  for  the  state  to  restrict  the  hours 
of  employment,  it  is  also  competent  for  the  state  to  provide 


Briefs  Submitted  by  Commission  341 

administrative  means  against  evasion  of  the  restriction  (citing 
cases). 

Neither  the  wisdom  nor  the  legality  of  such  means  can  be 
judged  by  extreme  instances  of  their  operation.  The  pro- 
vision of  §  48  cannot  be  pronounced  arbitrary."  (Italics 
ours. ) 

The  principle  of  law  established  by  these  cases  is  clearly  ap- 
plicable to  the  case  at  bar.  If  a  closing  hour  and  an  opening  hour 
are  not  fixed  by  the  law,  it  could  not  be  enforced  through  ordi- 
nary methods  of  inspection  to  which  the  State  would  be  justified 
in  resorting.  To  prove  a  violation,  that  is  to  prove  that  a  woman 
was  employed  continuously  at  night,  a  factory  inspector  would 
have  to  be  stationed  in  the  establishment  all  night  long  or  else  a 
prosecution  would  have  to  be  instituted  on  mere  suspicion,  which 
would  be  improper. 

The  presence  of  a  woman  in  a  factory  at  three  o'clock  in  the 
morning,  for  instance,  would  not  be  sufficient  to  secure  a  con- 
viction. Reliance  cannot  he  had  on  the  woman  worker  who  is 
either  compelled  to  work  in  violation  of  law  by  her  employer,  or 
who  desires  to  do  so  to  accomplish  her  own  ends.  Experience  with 
the  fifty-four  hour  law  for  women  shows  how  difficult  it  is  of  en- 
forcement. To  secure  a  conviction,  an  inspector  virtually  has  to 
be  stationed  in  the  factory  to  ascertain  when  the  woman  comes  to 
work  and  at  what  time  she  leaves.  It  is  impossible  for  the  State 
to  resort  to  this  method  of  inspection  except  in  unusual  cases,  and 
the  State  has  to  rely  on  complaint  or  on  the  voluntary  co-operation 
of  the  workers,  which  it  has  been  shown  is  most  difficult  to  secure. 
It  is  true  that  work  at  night  at  ten  minutes  past  ten,  or  from  ten 
to  twelve,  might  not  injure  or  affect  the  health  of  women  workers. 
But  those  are  not  the  cases  which  this  law  was  designed  to  meet. 
These  cases  are  hypothetical,  invented  for  the  purpose  of  argument. 
They  do  not  in  fact  occur.  Those  are  the  transactions  which,  as 
Mr.  Justice  Hughes  has  said,  "  separately  considered  "  are  ''  in- 
nocuous," but  which  must  be  "  included  in  a  prohibition  the  scope 
of  which  is  regarded  as  essential  in  the  legislative  judgment  to 
accomplish  a  purpose  within  the  admitted  power  of  the  Govern- 
ment." 


342  Appbistdo:  II 

There  are  no  such  cases  in  actual  practice.  In  the  case  at  bar 
the  woman  worked  all  night  long,  and  that  is  the  right  for  which 
the  appellant  in  this  case  is  contending.  Anything  else  is  sham 
and  pretence,  and  this  Court  should"  not  close  its  eyes  to  what  the 
actual  facts  are.  A  law  should  not  be  condemned  because  it  is 
contended  that  as  a  theoretical  proposition  in  isolated  cases,  it 
might  lead  to  absurd  results.  Such  a  conclusion  would  discard 
almost  every  beneficent  health  law  that  we  have  on  the  statute 
books  today. 

"  'All  laws,'  this  court  has  said,  '  should  receive  a  sensible 
constitution.  General  terms  should  be  so  limited  in  their 
applicaion  as  not  to  lead  to  injustice,  oppression,  or  absurd 
consequence.  *  *  *  The  reason  of  the  law  in  such  cases 
should  prevail  over  its  letter.'  " 

Jacobson  v.  Massachusetts,  197  TJ.  S.  11,  39. 

As  in  Purity  Company  v.  Lynch  (226  U.  S.  192,  201),  so  in 
this  case,  we  can  say  that  the  opinion  is  extensively  held  that  the 
fixing  of  a  closing  and  opening  hour  is  a  necessary  means  for  the 
suppression  of  the  continuous  night  shift  and  prolonged  overtime 
of  women  in  factories.  This  sufficiently  appears  from  the  legisla- 
tion of  other  states  and  countries.  There  are  seven  states  in  this 
country  which  have  prohibited  night  work  of  women.  In  all  but 
one,  a  closing  and  an  opening  hour  has  been  fixed  in  the  law.  In 
that  one  case,  only  the  closing  hour  was  fixed,  and  the  result  is  that 
the  law  is  being  ignored.  In  every  European  country  that  has 
legislated  on  this  subject  and  prohibited  night  work  of  women  in 
factories,  there  is  a  closing  hour  and  an  opening  hour  specified  in 
the  law,  so  that  it  might  be  effectively  enforced.  Whether  the 
closing  hour  was  properly  fixed,  whether  it  should  have  been  fixed 
at  eleven  or  twelve  o'clock  instead  of  ten  o'clock,  or  whether  the 
opening  hour  should  have  been  fixed  at  four  or  five  o'clock  instead 
of  six  o'clock  in  the  morning  are  matters  that  are  within  the 
discretion  of  the  Legislature.  With  the  wisdom  of  the  selection  of 
the  hours  the  court  should  have  no  concern. 

The  act  under  consideration  is  a  most  reasonable  one.  The 
Commission  in  its  report  said: 


Briefs  Submitted  by  Commission  343 

"  The  proposed  law  is  a  moderate  measure.  It  is  most 
fair  and  reasonable  to  all  concerned.  It  provides  that  women 
employed  in  factories  shall  have  a  period  of  rest  at  night 
between  10  p.  m.  and  6  a.  m.  It  thus  allows  a  stretch  of  16 
hours  —  from  6  o'clock  in  the  morning  until  10  o'clock  at 
night  —  during  which  the  10  hours  of  daily  labor  permissible 
by  law  may  be  performed.  Early  evening  work  is  not  cur- 
tailed, but  the  excessive  overtime,  extending,  as  has  been 
shown,  until  long  after  10  p.  m.  is  confined  to  more  reasonable 
limits.     The  dangerous  all  night  shift  is  prohibited. 

No  legitimate  industry  will  suffer  from  this  measure, 
urgently  needed  to  protect  the  health  of  the  workers  and  to 
assist  the  factory  inspectors  in  the  difficult  task  of  enforce- 
ment. 

(Second  Report,  New  York  State  Factory  Investigating  Com- 
mission, Vol.  I,  page  212.) 

It  is  one  thing  for  the  court  to  disapprove  of  the  means  taken  by 
the  Legislature  to  prevent  its  will  from  being  thwarted  and 
another  to  put  it  outside  the  pale  of  rational  entertainment. 

In  Bohmer  v.  Haffen  (161  N.  Y.  390),  Parker,  C.  J.,  said  at 
page  399  : 

"  Whether  the  legislation  was  wise  is  not  for  us  to  consider. 
The  motive  actuating  and  the  inducements  held  out  to  the 
legislature  are  not  the  subject  of  inquiry  by  the  courts,  which 
are  bound  to  assume  that  the  law-making  body  acted  with  a 
desire  to  promote  the  public  good.  Its  enactments  must 
stand,  provided  always  that  they  do  not  contravene  the  Con- 
stitution, and  the  test  of  constitutionality  is  always  one  of 
power  —  nothing  else.  But  in  applying  the  test  the  courts 
must  bear  in  mind  that  it  is  their  duty  to  give  the  force  of 
law  to  an  act  of  the  legislature  whenever  it  can  be  fairly  so 
construed  and  applied  as  to  avoid  conflict  with  the  Consti- 
tution." 

Professor  James  B.  Thayer  has  summed  up  the  proposition  in  a 
few  words  when  he  says  (American  Doctrine  of  Constitutional 
Law,  Y  Harvard  Law  Review,  129,  148)  : 


344  Appendix  II 

"  To  ask  '  should  we  have  found  the  same  verdict '  is  surely 
not  the  same  thing  as  to  ask  whether  there  is  room  for  a 
reasonable  difference  of  opinion.  *  *  *  The  judicial 
function  is  merely  that  of  fixing  the  outside  border  of  reason- 
able legislative  action,  the  boundary  beyond  which  the  *  *  * 
police  power,  and  legislative  power  in  general  cannot  go 
without  violating  the  prohibitions  of  the  constitution  or 
crossing  the  line  of  its  grants." 


Briefs  Submitted  by  Commission  345 

IV. 

THE  STATUTE  UNDER  CONSIDERATION  DOES  NOT 
DENY  TO  WOMEN  THE  EQUAL  PROTECTION  OF  THE 
LAW. 

I^egislation  limiting  the  hours  of  labor  of  women  generally  has 
been  sustained  as  constitutional  by  the  same  Court  which  held  such 
legislation  invalid  as  to  men. 

Lochner  v.  N.  Y.  198  U.  S.  45  (1905). 
MuUer  v.  Oregon,  208  U.  S.  412  (1908). 

affirmed  in  Hawley  v.  Walker,  232  U.  S.  718  (1914). 

The  appellant,  under  Point  5  in  his  brief,  says,  at  page  45  : 

"  Under  modern  conditions,  the  status  of  adult  women  and 
their  rights  and  privileges  in  industrial  occupations,  are 
identical  with  those  of  men." 

The  Supreme  Court  of  the  United  States  in  1908  showed  the 
fallacy  of  that  proposition  in  Muller  v.  Oregon,  208  U.  S.  412, 
affirmed  as  late  as  February,  1914,  in  Hawley  v.  Walker,  232  U. 
S.  718.  No  better  reply  can  be  made  to  the  appellant's  contention 
than  to  quote  the  words  of  Mr.  Justice  Brewer,  speaking  for  the 
entire  court  in  the  Oregon  case  who  says  at  pages  419,  422 : 

"  We  held  in  Lochner  v.  New  York,  198  U.  S.,  45,  that  a 
law  providing  that  no  laborer  shall  be  required  or  permitted 
to  work  in  bakeries  more  than  sixty  hours  in  a  week  or  ten 
hours  in  a  day  was  not  as  to  men  a  legitimate  exercise  of  the 
police  power  of  the  State,  but  an  unreasonable,  unnecessary, 
and  arbitrary  interference  with  the  right  and  leberty  of  the  in- 
dividual to  contract  in  relation  to  his  labor,  and  as  such  was 
in  conflict  with,  and  void  under,  the  federal  constitution. 
That  decision  is  invoked  by  plaintiff  in  error  as  decisive  of 
the  question  before  us.  But  this  assumes  that  the  difference 
between  the  sexes  does  not  justify  a  different  rule  respecting 
a  restriction  of  the  hours  of  labor  (p.  419). 

"  Though  limitations  upon  personal  and  contractual  rights 
may  be  removed  by  legislation,  there  is  that  in  her  disposition 
and  habits  of  life  which  will  operate  against  a  full  assertion 


346  Appendix  II 

of  those  rights.  She  will  still  be  where  some  legislation  to 
protect  her  seems  necessary  to  secure  a  real  equality  of  right. 
Doubtless  there  are  individual  exceptions,  and  there  are 
many  respects  in  which  she  has  an  advantage  over  him ;  but 
looking  at  it  from  the  viewpoint  of  the  effort  to  maintain  an 
independent  position  in  life,  she  is  not  upon  an  equality. 
Differentiated  by  these  matters  from  the  other,  sex,  she  is 
properly  placed  in  a  class  by  herself,  and  legislation  designed 
for  her  protection  may  be  sustained,  even  when  like  legisla- 
tion is  not  necessary  for  men  and  could  not  be  sustained.  It 
is  impossible  to  close  one's  eyes  to  the  fact  that  she  still  looks 
to  her  brother  and  depends  upon  him.  Even  though  all 
restrictions  on  political,  personal,  and  contractual  rights  were 
taken  away,  and  she  stood,  so  far  as  statutes  are  concerned, 
upon  an  absolutely  equal  plane  with  him,  it  would  still  be 
true  that  she  is  so  constituted  that  she  will  rest  upon  and 
look  to  him  for  protection ;  that  her  physical  structure  and  a 
proper  discharge  of  her  maternal  functions  —  having  in  view 
not  merely  her  own  health  but  the  well-being  of  the  race  — 
justify  legislation  to  protect  her  from  the  greed  as  well  as  the 
passion  of  man.  The  limitations  which  this  statute  places 
upon  her  contractual  powers,  upon  her  right  to  agree  with  her 
employer  as  to  the  time  she  shall  labor,  are  not  imposed 
solely  for  her  benefit,  but  also  largely  for  the  benefit  of  all. 
Many  words  cannot  make  this  plainer.  The  two  sexes  differ 
in  structure  of  body,  in  the  functions  to  be  performed  by 
each,  in  the  amount  of  physical  strength,  in  the  capacity  for 
long-continued  labor,  particularly  when  done  standing,  the 
influence  of  vigorous  health  upon  the  future  well-being  of 
the  race,  the  self-reliance  which  enables  one  to  assert  full 
rights,  and  in  the  capacity  to  maintain  the  struggle  for  sub- 
sistence. This  difference  justifies  a  difference  in  legislation 
and  upholds  that  which  is  designed  to  compensate  for  some 
of  the  burdens  which  rest  upon  her  "  (p.  422). 

This  case  upheld  the  right  of  the  State  to  limit  the  working 
hours  of  women  to  not  more  than  10  hours  in  any  one  day,  with- 
out regard  to  the  healthfulness  of  the  particular  employment  in 
which  the  women  were  engaged. 


Bkiefs  Submitted  by  Commission  347 

V. 

THE   DECISION   IN"   THE   WILLIAMS    CASE   IS    NOT 
DECISIVE  OF  THE  CASE  AT  BAR 

A. —  The  pkesent  statute  differs  in  important  respects 

FROM  THAT  UNDER  CONSIDERATION  IN  THE  WiLLIAMS  CASE 

In  the  Williams  case,  Gray,  J.,  said  at  page  134: 

"  I  find  nothing  in  the  language  of  the  section  which  sug- 
gests the  purpose  of  promoting  health,  except  as  it  might  be 
inferred  that  for  a  woman  to  work  during  the  forbidden  hours 
of  night  would  be  unhealthfuL" 

In  the  present  section  the  legislative  intent  was  expressed  in 
the  title  of  the  act,  and  in  the  very  body  of  the  section  itself,  the 
law  reading: 

"  In  order  to  protect  the  health  and  morals  of  women  em- 
ployed in  factories  by  providing  an  adeqitate  period  of  rest 
a  night,  no  woman  shall  be  employed  or  permitted  to  work 
in  any  factory  before, six  o'clock  in  the  morning  or  after  ten 
o'clock  in  the  evening  of  any  day." 

The  Legislature,  when  for  the  second  time,  it  enacted  the  law 
prohibiting  night  work  of  women  in  factories  desired  to  pass  a 
measure  to  protect  health  and  morals.  That  is  no  longer  open  to 
doubt,  and  while  not  conclusive  upon  the  Court,  constitutes  a 
very  important  distinction  between  the  two  cases. 

B. —  Important  facts  of  common  knowledge  relating  to 

THE   EVILS   of    NIGHT   WORK   WERE   NOT    BROUGHT    TO    THE   ATTEN- 
TION OF  THE  Court  in  the  Williams  case. 

The  Court  is  asked  in  this  case  to  find  a  reasonable  relation- 
ship between  health  and  morals  and  the  prohibition  of  night  work 
by  women.  As  a  basis  for  such  finding,  there  is  presented  to  the 
Court  for  consideration  the  following: 


;j48  Appendix  II 

1.  The  report  of  the  Factory  Investigating  Commission,  an 
official  legislative  commission,  based  upon  an  investigation  which 
presents  facts  and  findings  that  leave  little  room  for  doubt  con- 
cerning the  evils  of  night  work  by  women  in  factories. 

2.  The  legislation  in  various  States  of  this  Union  and  in  prac- 
tically every  country  in  Europe  prohibiting  night  work  for  women. 

Seven  months  before  the  Williams  case  was  decided  an  inter- 
national convention  was  entered  into  by  the  leading  European 
countries  which  recognized  the  evils  of  night  work  for  women  in 
factories  and  recommended  its  prohibition.  It  does  not  appear, 
however,  that  this  fact  was  brought  to  the  attention  of  the  Court  in 
the  Williams  case. 

The  international  agreement  has  been  adopted  by  practically 
all  European  countries,  by  many  since  the  decision  in  the  Williams 
case. 

3.  "  Facts  of  common  knowledge  "  concerning  the  evils  of  night 
work  of  women  have  been  collected  in  a  brief  submitted  as  part  of 
a  brief  filed  by  the  District  Attorney  in  this  case.  These  consist 
of  reports  and  findings  of  investigating  commissions  and  opinions 
of  experts  and  others  who  have  given  consideration  to  the  subject. 

The  concensus  of  opinion  is  that  night  work  by  women  is  one 
of  the  greatest  evils  in  industry,  and  it  should  be  prohibited  in 
the  interests  of  the  health  of  the  women  workers  affected  and  of 
posterity. 

None  of  the  foregoing  was  brought  to  the  attention  of  the  Court 
in  the  Williams  case.  The  Court  today  may  take  judicial  notice 
of  all  this  new  evidence.  It  may  well  be  argued  that  if  these 
facts  and  authorities  had  been  brought  to  the  attention  of  the 
Court  at  the  time  the  Williams  case  was  passed  upon,  and  if  at 
that  time  it  had  before  it  the  report  of  an  official  legislative  com- 
mission, established  by  law  to  inquire  into  industrial  conditions 
in  this  State,  recommending  as  the  result  of  its  investigation  the 
enactment  of  such  a  law,  the  Court  would  have  reached  an 
entirely  different  conclusion  as  to  the  evils  of  night  work  by  women 
in  factories. 


Briefs  Submitted  by  Commission  349 

C. —  The  necessity  of  a  fixed  closing  and  opening  houk 

TO  secure  a  PllOPEK  ENFOKOEMKNT  OF  THE  PURPOSES  OF  TJIE 
BILL,  THAT  IS  TO  PROHIBIT  THE  CONTINUOUS  NIGHT  SHIFT  AND 
PROLONGED  OVERTIME  BY  WOMEN  IN  FACTORIES,  WAS  NOT  BROUGHT 
TO  THE  ATTENTION  OF  THE  CoURT  IN  THE  WiLLIAMS  CASE. 

Under  the  authorities  cited  in  Point  III,  particularly  N.  Y. 
V.  Hesterberg,  Purity  Extract  Co.  v.  Lynch  and  Riley  v.  Massa- 
chusetts, there  can  be  little  doubt  as  to  the  power  of  the  Legisla- 
ture to  adopt  such  means  to  prevent  its  will  from  being  thwarted. 

We  have  shown  that  not  only  is  a  fixed  closing  and  opening 
hour  a  reasonable  means  of  securing  an  enforcement  of  a  statute 
prohibiting  night  work,  but  that  it  is  the  only  means.  This  fact 
has  been  recognized  in  every  law  on  the  subject  in  this  country 
and  in  Europe  with  but  one  unimportant  exception.  It  does  not 
appear  that  this  important  point  was  brought  to  the  attention  of 
the  Court  in  the  Williams  case. 

D, —  Change  in  the  trend  of  judicial  opinion  since  the 
Williams  case. 

The  decision  in  People  v.  Williams  was  the  first  and  remains 
the  only  decision  of  any  superior  court  in  the  United  States  to 
declare  unconstitutional  an  act  prohibiting  the  night  work  of 
women  in  factories. 

The  decision  in  Muller  v.  Oregon  (208  U.  S.  412),  it  is  true, 
concerned  solely  an  act  limiting  the  number  of  hours  of  labor  to 
be  performed  by  a  woman  in  one  day.  The  decision  in  People  v. 
Williams  dealt  with  a  statute  prohibiting  employment  of  women 
before  and  after  certain  specified  hours.  But  the  opinion  in  the 
Muller  case  lays  down  certain  broad  considerations  of  public 
health  and  welfare  which  apply  with  equal  justice  to  all  limita- 
tions upon  women's  labor,  be  they  by  night  or  by  day.  In  ren- 
dering its  decision  in  the  Williams  case,  this  Court  did  not  have 
Muller  V.  Oregon  as  a  precedent.  On  the  contrary,  the  Court 
followed  closely  the  reasoning  of  a  previous  decision  of  the  United 
States  Supreme  Court  in  Lochner  v.  New  York,  decided  in  1905 
(198  U.  S.  145). 


350  Appendix  II 

In  this  well-known  case  the  Federal  Supreme  Court  held  in- 
valid the  New  York  bake  shop  law,  which  limited  the  employ- 
ment of  men  in  bakeries  to  60  hours  in  one  week.  The  Court  de- 
clared that  law  to  be  an  unwarranted  interference  with  the  free- 
dom of  contract  guaranteed  by  the  federal  constitution.  That 
reasoning  was  relied  upon  by  this  Court  in  People  v.  Williams. 

"  I  need  only  refer,"  said  Gray,  J.  (p.  136),  "  to  the  recent 
case  of  Lochner  v.  State  of  New  York,  198  U.  S.  145,  where 
the  Supreme  Court  of  the  United  States  had  before  it  a 
case  arising  in  this  state  under  a  provision  of  the  Labor  Law, 
which  restricted  the  hours  of  labor  for  the  employees  of 
bakeries.  The  argument  there  was,  and  it  had  prevailed  in 
this  court,  that  the  legislation  was  valid  as  a  health  law  under 
the  police  power;  but  the  Federal  Supreme  Court  refused 
to  recognize  the  force  of  the  argument  and  held,  if  such 
legislation  could  be  justified,  that  the  constitutional  protec- 
tion against  interference  with  the  liberty  of  person  and  ihe 
freedom  of  contract  was  a  visionary  thing.  It  was  held  that 
bakers  '  are  in  no  sense  wards  of  the  state  '    *    *    * 

"  So  I  think  in  this  case  that  we  should  say  an  adult  female 
is  in  no  sense  a  ward  of  the  state." 

But  since  the  decision  of  the  Lochner  case,  upon  which  Judge 
Gray's  argument  was  based,  the  current  of  judicial  opinion  has 
flowed  in  another  channel,  and  in  1908  the  United  States  Supreme 
Court,  taking  cognizance  of  the  "  world's  experience  on  which  the 
legislation  limiting  the  women's  hours  of  labor  is  based,"  said 
in  the  case  of  MuUer  v.  Oregon,  cited  above : 

"  The  two  sexes  differ  in  structure  of  body,  in  the  func- 
tions to  be  performed  by  each,  in  the  amount  of  physical 
strength,  in  the  capacity  for  long  continued  labor,  particu- 
larly when  done  standing,  the  influence  of  vigorous  health 
upon  the  future  well-being  of  the  race,  the  self-reliance  which 
enables  one  to  assert  fuU  rights,  and  in  the  capacity  to  main- 
tain the  struggle  for  subsistence.  This  difference  justifies 
a  difference  in  legislation  and  upholds  that  which  is  designed 
to  compensate  for  some  of  the  burdens  which  rest  upon  her  " 
(p.  422). 


Briefs  Submitted  by  Commission  351 

In  1914  the  same  Court  reiterated  this  opinion  in  Hawley  v. 
Walker,  232  U.  S.  718.  This,  then,  is  the  decision  of  the  highest 
tribunal  of  the  country  concerning  the  relation  between  the  em- 
ployment of  women  and  the  public  welfare. 

It  is  significant  also  that  since  the  Williams  case  was  decided, 
the  Supreme  Courts  of  five  States,  Illinois,  Michigan,  Ohio,  Wash- 
ington and  California,  have  upheld  laws  limiting  hours  of  labor 
for  women.  Ritchie  v.  Wayman,  244  111.  509 ;  People  v.  Elder- 
ing,  98  N.  E.  Rep.  982 ;  Withey  v.  Bloem,  163  Mich.  419 ;  Ex 
parte  Hawley,  98  N.  E.  Rep.  1126;  State  v.  Somerville,  122 
Pac.  Rep.  324;  Ex  parte  Miller,  124  Pac.  Rep.  427.  Indeed, 
the  Supreme  Court  of  Illinois,  in  Ritchie  v.  Wayman,  decided  in 
1910,  completely  reversed  a  prior  decision  overthrowing  the  valid- 
ity of  an  Illinois  eight-hour  law.  The  Court,  in  sustaining  a  new 
ten-hour  law,  was  not  deterred,  as  the  same  Court  had  been  four- 
teen years  before  (Ritchie  v.  People,  155  111.  98,  decided  1895) 
by  the  theory  of  freedom  of  contract. 

All  that  body  of  "  general  knowledge "  concerning  the  ill 
effects  of  the  overwork  of  women,  of  which  the  Federal  Supreme 
Court  had  taken  judicial  cognizance,  was  again  admitted  to  carry 
its  due  weight,  the  Illinois  Court  remarking: 

"  What  we  know  as  men  we  cannot  profess  to  be  ignorant 
of  as  judges." 

E.  Change  in  social  and  economic  conditions. 

The  past  two  decades  has  witnessed  a  marked  change  in  social 
and  economic  needs.  There  is  a  greater  strain  in  industry; 
speeding  up  and  high  tension,  due  to  complicated  machinery  and 
subdivision  of  work,  particularly  in  industries  in  which  women 
are  employed,  now  exist  as  never  before. 

As  is  natural  it  has  taken  time  for  the  people  and  for  the 
Courts  to  take  cognizance  of  this  changed  condition  of  affairs 
and  of  the  necessary  steps  needed  to  guard  against  these  evil 
conditions  and  the  dangers  to  the  State  that  result  from  them. 
With  the  appreciation  of  these  new  needs  a  changed  attitude  on 
the  part  of  people  and  of  the  Courts  on  matters  of  social  reform 
and  improvement  has  now  come,   as  it  was  bound  to  in  time. 


352  Appendix  II 

The  rights  of  society  as  a  whole  and  the  necessity  for  its  pro- 
tection and  preservation  are  now  regarded  as  of  paramount  im- 
portance. This  new  conception  finds  reflection  in  recent  de- 
cisions of  the  Courts  of  every  iState  in  matters  affecting  the  police 
power. 

The  doctrine  of  stare  decisis  should  not  be  applied  to  cases 
affecting  the  police  power,  for  those  cases  involve  conclusions  of 
fact  as  to  reasonableness  rather  than  principles  of  law.  The 
limits  of  the  police  power  are  indefinite  and  change  with  vary- 
ing conditions.  In  Noble  State  Bank  v.  Haskell,  219  F.  S. 
104,  Mr.  Justice  Holmes  said,  at  page  111: 

"  It  may  be  said  in  a  general  way  that  the  police  power 
extends  to  all  the  great  public  needs.  Camfield  v.  United 
States,  167  U.  S.  518;  42  L.  ed.,  260;  17  Sup.  Ct.  Rep. 
864.  It  may  be  put  forth  in  aid  of  what  is  sanctioned  by 
usage,  or  held  by  the  prevailing  morality  or  strong  and  pre- 
ponderant opinion  to  be  greatly  and  immediately  necessary 
to  the  public  welfare." 

The  decision  in  the  Williams  case  is  therefore  in  no  way  de- 
cisive of  the  case  at  bar. 


Briefs  Submitted  by  Commission  353 

VI 

AN  ACT  PASSED  BY  THE  LEGISLATURE  HAS 
EVERY  PRESUMPTION  IN"  ITS  FAVOR  AND  SHOULD 
NOT  BE  DECLARED  INVALID  BY  THE  COURTS  UN- 
LESS ITS  REPUGNANCY  TO  THE  CONSTITUTION  IS 
CLEAR  BEYOND  ALL  REASONABLE  DOUBT. 

Ogden  V.  iSaimders,  12  Wheat.  (U.  S.)  212. 

Sinking  Fund  Cases,  99  U.  S.  700. 

Jacobson  v.  Massachusetts,  197  U.  S.  11. 

Lochner  v.  New  York,  198  U.  S.  45. 

C,  B.  &  Q.  R.  R.  Co.  V.  McGuire,  219  U.  iS.  549. 

People  V.  Supervisors,  17  N.  Y.  235. 

People  ex  rel.  Kemmler  v.  Durston,  119  N.  Y.  569. 

People  ex  rel.  Nechamcus  v.  Warden,  144  N.  Y.  529. 

These  authorities  clearly  establish  the  proposition  that  it  is  for 
the  Legislature  to  decide  if  a  particular  condition  is  injurious  to 
the  public  health,  morals  and  welfare,  and  to  determine  by  what 
means  such  condition  shall  be  remedied  or  regulated.  The  Court 
has  power  to  hold  such  action  invalid  only  when  it  is  palpable 
and  clear  beyond  doubt,  that  the  condition  or  means  adopted 
to  remedy  it  do  not  tend  to  affect  the  public  health,  morals  or 
welfare. 

In  Ogden  v.  Saunders,  12  Wheat.  212,  Mr.  Justice  Washing- 
ton, after  remarking  that  the  question  was  a  doubtful  one  said,  at 
page  270 : 

"  *  *  *  If  I  could  base  my  opinion  in  favor  of  the  con- 
stitutionality of  the  law  *  *  *  on  no  other  ground  than 
this  doubt,  so  felt  and  acknowledged,  that  alone  would  in  my 
estimation,  be  a  satisfactory  vindication  of  it.  It  is  but  a 
decent  respect  due  to  the  wisdom,  integrity  and  patriotism 
of  the  legislative  body  by  which  any  law  is  passed,  to  pre- 
simie  in  favor  of  its  validity  until  its  violation  of  the  con- 
stitution is  proved  beyond  all  reasonable  doubt." 

Vol.  1  —  12 


354  Appendix  II 

In  the  Sinking  Fund  Cases,  99  TJ.  S.  700,  Mr.  Chief  Justice 
Waite  said  at  page  718: 

u  *  *  *  This  declaration  (that  an  Act  of  Congress  is 
unconstitutional)  should  never  be  made  except  in  a  clear 
case.  Every  possible  presumption  is  in  favor  of  the  validity 
of  a  statute  and  this  continues  until  the  contrary  is  shown 
beyond  a  rational  doubt." 

In  Jacobson  v.  Massachusetts,  197  U.  S.  11,  Mr.  Justice  Har- 
lan said,  at  page  31 : 

"  Upon  what  sound  principles  as  to  the  relations  existing 
between  the  different  departments  of  government  can  the 
court  review  this  action  of  the  legislature  ?  If  there  is  any 
such  power  in  the  judiciary  to  review  legislative  action  in 
respect  of  a  matter  affecting  the  general  welfare,  it  can  only 
be  when  that  which  the  legislature  has  done  comes  within  the 
rule  that  if  a  statute  purporting  to  have  been  enacted  to  pro- 
tect the  public  health,  the  public  morals,  or  the  public  safety, 
has  no  real  or  substantial  relation  to  those  objects,  or  is, 
beyond  all  question,  a  plain,  palpable  invasion  of  rights 
secured  by  the  fundamental  law,  it  is  the  duty  of  the  courts 
to  so  adjudge,  and  thereby  give  effect  to  the  constitution." 

In  Lochner  v.  New  York,  198  IT.  S.  45,  Mr.  Justice  Harlan, 
in  his  dissenting  opinion,  concurred  in  by  Justices  White  and 
Day,  at  page  68,  said : 

"  Upon  this  point  there  is  no  room  for  dispute ;  for,  the  rule 
is  universal,  that  a  legislative  enactment.  Federal  or  state 
is  never  to  be  disregarded  or  held  invalid  unless  it  be,  be- 
yond question,  plainly  and  palpably  in  excess  of  legislative 
power    *     *    *." 

"  If  there  be  doubt  as  to  the  validity  of  the  statute,  that 
doubt  must  therefore  be  resolved  in  favor  of  its  validity, 
and  the  courts  must  keep  their  hands  off,  leaving  the  legisr 
lature  to  meet  the  responsibility  for  unwise  legislation.  If 
the  end  which  the  legislature  seeks  to  accomplish  be  one  to 
which  its  power  extends,  and  if  the  means  employed  to  that 


Briefs  Submitted  by  Commission  355 

end,  although  not  the  wisest  or  best,  are  yet  not  plainly  or 
palpably  unauthorized  by  law,  then  the  court  cannot  inter- 
fere. In  other  words  when  the  validity  of  a  statute  is  ques- 
tioned, the  burden  of  proof  —  so  to  speak,  is  upon  those  who 
assert  it  to  be  unconstitutional." 

In  C,  B.  &  Q.  R.  R.  Co.  v.  McGuire,  219  U.  S.  549,  Mr.  Jus- 
tice Hughes  said  at  page  569: 

"  The  principle  involved  in  tkese  decisions  is  that  where 
the  legislative  action  is  arbitrary  and  has  no  reasonable  re- 
lation to  a  purpose  which  it  is  competent  for  government  to 
effect,  the  legislature  transcends  the  limits  of  its  power  in 
interfering  with  liberty  of  contract;  but  where  there  is  rea- 
sonable relation  to  an  object  within  the  governmental  au- 
thority, the  exercise  of  the  legislative  discretion  is  not  sub- 
ject to  judicial  review.  The  scope  of  judicial  inquiry  in 
deciding  the  question  of  power  is  not  to  be  confused  with  the 
scope  of  legislative  considerations  in  dealing  with  the 
matter  of  policy.  Whether  the  enactment  is  wise  or  imwise, 
whether  it  is  best  on  sound  economic  theory,  whether  it  is 
the  best  means  to  achieve  the  desired  results,  whether,  in 
short,  the  legislative  discretion  within  its  prescribed  limits 
should  be  exercised  in  a  particular  manner,  are  matters  for 
the  judgment  of  the  legislature  and  the  earnest  conflict  of 
serious  opinion  does  not  suffice  to  bring  them  within  the 
range  of  judicial  cognizance." 

In  People  v.  The  Supervisors  of  Orange,  lY  IT.  Y.  235,  Har- 
ris, J.,  said  at  page  241 : 

"  Before  proceeding  to  annul  by  judicial  sentence  what 
has  been  enacted  by  the  law  making  power,  it  should  clearly 
appear  that  the  act  cannot  be  supported  by  any  reasonable 
intendment  or  allowable  presumption." 

In  People  ex  rel.   Kemmler  v.   Dnrston    (119   N.   Y.    569), 
O'Brien,  J.,  said  at  page  577 : 

"  Every  act  of  the  Legislature  must  be  presumed  to  be  in 
harmonv  with  the  fundamental  law  until  the  contrary  is 


356  Appendix  II 

clearly  made  to  appear  (Metropolitan  Board  of  Excise  v. 
Barrie,  34  N.  Y.  666,  668 ;  People  ex  rel.  v.  Briggs,  50  id. 
553,  558;  People  t.  Home  Ins.  Co.,  92  id.  328,  344;  People 
ex  rel.  v.  Albertson,  56  id.  50,  54;  People  v.  Gillson,  109  id. 
389,  397 ;  People  v.  King,  110  id.  418). 

In  People  ex  rel.   ISTechamcus  v.  Warden  (144  X.  Y.   529), 
Gray,  J.,  said  at  page  536 : 

"  In  the  Gillson  case  it  was  observed  by  Judge  Peckham 
that  if  legislation  is  calculated,  intended,  convenient  or  appro- 
priate to  accomplish  the  good  of  protecting  the  public  health 
and  of  serving  the  public  comfort  and  safety,  the  exercise  of 
the  legislative  discretion  is  not  the  subject  of  judicial  review; 
but  those  measures  must  have  some  relation  to  those  ends.  To 
this  unassailable  proposition  I  Avill  add  the  remark,  that  the 
courts  should  always  assume  that  the  legislature  intended  by 
its  enactment  to  promote  those  ends  and  if  the  act  admits  of 
two  constructions,  that  should  be  given  to  it  which  sustains 
it  and  makes  it  applicable  in  furtherance  of  the  public  in- 
terests." 


Beiefs  Submitted  by  Commission  357 

VII 

THE  decisio:n^  of  the  appellate  division 

SHOULD  BE  AFFIRMED,  AND  THE  STATUTE  PRO- 
HIBITING NIGHT  WORK  OF  WOMEN  IN  FACTORIES, 
HELD  TO  BE  A  VALID  EXERCISE  OF  THE  POLICE 
POWER. 

Night  work  of  women  in  factories  is  injurious  to  the  health  and 
morals  of  women  workers  and  opposed  to  the  welfare  and  best  in- 
terests of  the  people  of  the  state  generally.  That  is  conclusively 
established  by  the  report  of  the  Factory  Investigating  Commission 
and  by  the  opinions  of  other  commissions  and  of  experts  on  the 
subject,  which  are  before  this  Court.  A  law  prohibiting  such 
night  work  is  a  health  measure  and  is  within  the  police  power  of 
the  State.  Such  night  work  is  prohibited  in  seven  States  of  this 
country  and  in  practically  every  European  country. 

The  fixing  of  a  closing  and  an  opening  hour  is  a  reasonable 
means  to  effectuate  the  purposes  of  the  act,  that  is  the  prevention 
of  the  continuous  all-night  shift  and  prolonged  overtime  of  women 
in  factories.  Opening  and  closing  hours,  in  many  cases  more 
drastic  than  those  in  the  statute  under  consideration,  have  been 
fixed  in  every  law  in  this  country  (with  one  unimportant  excep- 
tion) and  in  Europe,  on  the  subject.  The  present  statute  is  rea- 
sonable in  its  application  and  has  met  with  general  approval.  It 
does  not  deny  to  women  the  equal  protection  of  the  laws.  That  is 
held  by  the  United  States  Supreme  Court  in  the  cases  of  Muller  v. 
Oregon  and  Hawley  v.  Walker,  from  which  we  have  quoted  at 
length- 

We  have  shown  that  the  decision  of  this  Court  in  the  case  of 
People  V.  Williams  is  not  decisive  of  the  case  at  bar.  The  two 
statutes  differ  in  important  respects.  Essential  facts  concerning 
the  evils  of  night  work  now  submitted  to  this  Court,  were  not  be- 
fore the  Court  when  the  Williams  case  was  decided.  The  action 
of  the  International  Convention  of  1906  denouncing  night  work  of 
women  in  factories  as  one  of  the  greatest  industrial  evils  and  rec- 
ommending its  prohibition,  was  not  before  that  Court.  That 
Court  did  not  have  the  benefit  of  an  investigation  of  the  subject 


358  Appendix  II 

such  as  is  presented  in  this  case  by  the  Factory  Investigating  Com- 
mission. 

The  trend  of  judicial  opinion  has  changed  since  the  decision  in 
the  Williams  case.  Then  "  People  v.  Lochner  "  was  the  guide. 
To-day,  it  is  "  Muller  v.  Oregon  and  Hawley  v.  Walker."  Prohi- 
bition of  night  work  of  women  in  factories  is  demanded  by  the 
change  which  has  taken  place  in  our  industrial  system.  Social 
and  economic  conditions  have  changed  in  recent  years.  The  strain 
of  industry  is  greater  than  ever  and  this  is  particularly  true  in 
occupations  where  large  numbers  of  women  are  employed.  The 
Williams  case  should  not  be  permitted  to  stand  in  the  way  of  pro- 
gress and  of  an  improvement  in  conditions  now  shown  to  be  essen- 
tial. 

For  the  second  time,  and  this  time  upon  consideration  of  the 
facts  and  conditions  disclosed  in  an  official  investigation,  the  legis- 
lature has  passed  a  law  prohibiting  night  work  of  women  in  fac- 
tories. To  sustain  this  measure  will  maintain  protection  of  the 
health  and  morals  of  women  workers,  preserve  their  vitality  as 
wives  and  mothers  of  the  race  and  make  for  the  welfare  of  the  com- 
munity and  the  benefit  of  humanity  in  general. 

Respectfully  submitted, 

ABRAM  I.  ELKUiS, 
ROBERT  F.  WAGNER, 
BERNARD  L.  SHIENTAG, 
Counsel  for  the  New  York  State  Fac- 
tory   Investigating    Commission   as 
amicus  curiae, 

by  permission  of  this  Court. 
February,  1915. 


2.  DECISION  OF  THE  COURT  OF  APPEALS  SUSTAINING  THE 
CONSTITUTIONALITY  OF  THE  LAW  PROHIBITING  NIGHT 
WORK  OF  WOMEN  IN  FACTORIES 

The  People  of  the  State  of  New  York, 

Respondent, 
against 
Chables  Schweinler  Press,  a  Corporation, 

Appellant. 

(Decided  March  26,  1915) 

This  is  an  appeal  from  an  order  of  the  First  Appellate  Division 
which  reversed  an  order  of  the  Court  of  Special  Sessions  of  the 
city  of  Kew  York,  granting  a  motion  in  arrest  of  judgment  after 
the  appellant  had  been  convicted  of  violating  section  93b  of  the 
Labor  Law  of  this  State  (Cons,  Laws,  ch.  31,  as  amd.  by  L.  1913, 
ch.  83),  and  denying  said  motion  and  remanding  the  case  to  said 
Court  of  Special  Sessions,  there  to  be  proceeded  with  according  to 
law. 

The  statute  for  violation  of  which  the  appellant  was  convicted 
reads  as  follows : 

"  §  93-b.  Period  of  rest  at  night  for  women.  In  order 
to  protect  the  health  and  morals  of  females  employed  in 
factories  by  providing  an  adequate  period  of  rest  at  night 
no  woman  shall  be  employed  or  permitted  to  work  in  any 
factory  in  this  state  before  six  o'clock  in  the  morning  or 
after  ten  o'clock  in  the  evening  of  any  day." 

Alfred  E.  Ommen  for  appellant. 

Walter  J.  Carlin  for  Association  of  Ice  Cream  Manufacturers, 
intervenor. 

Charles  A.  Perkins,  District  Attorney  (William  A.  De  Ford 
of  counsel),  for  respondent. 

[359] 


360  Appendix  II 

Egbiirt  E.  Woodbury,  Attorney-General  (Merton  E.  Lewis,  of 
counsel),  in  behalf  of  Labor  Law. 

Abram  I.  Elkus,  Robert  F.  Wagner  and  Bernard  L.  Shientag 
for  New  York  State  Factory  Investigating  Commission  as  amicus 
curioe. 

HiscocK,  J.  Tbis  appeal  pres€sats  for  consideration  a  question 
of  the  constitutionality  of  certain  industrial  legislation,  so  called. 

It  is  undisputed  that  the  appellant  caused  or  permitted  a  mar- 
ried woman  to  work  in  a  factory  operated  by  it  between  the  hours 
of  ten  o'clock  in  the  evening  and  six  o'clock  in  the  morning,  and 
thereby  violated  the  provisions  of  the  act  above  quoted,  and  be- 
came subject  to  the  punishment  duly  prescribed  for  such  violation. 
It  challenges,  however,  the  legality  of  its  conviction  for  the  reason 
as  claimed  that  said  act  unduly  and  unjustifiably  interferes  with 
the  right  of  an  adult  woman  to  contract  for  her  own  labor,  and 
thus  violates  various  provisions  of  the  Constitution  both  of  the 
State  and  of  the  United  States,  which  in  effect  provide  that  no  one 
shall  be  deprived  of  life,  liberty  or  property  except  by  due  process 
of  law,  and  that  no  unjust  discrimination  shall  be  made  between 
different  classes  of  citizens  by  denial  of  the  equal  protection  of 
law. 

The  answer  to  this  challenge  is  that  night  work  in  factories  as 
contrasted  with  day  labor  substantially  affects  and  impairs  the 
physical  condition  of  women  and  prevents  them  from  discharging 
in  a  healthful  and  satisfactory  manner  the  peculiar  functions 
which  have  been  imposed  upon  them  by  nature,  and  that,  there- 
fore, it  was  within  the  power  of  the  legislature  to  enact  the  statute 
as  a  police  regulation  tending  to  protect  the  well-being  of  a  large 
class  of  citizens  and  promote  the  public  welfare. 

We  are,  therefore,  presented  with  the  issue  whether  it  can  be 
said  that  night  work  by  women  in  factories  is  so  generally  and  sub- 
stantially injurious  to  their  health  that  the  legislature  was  justi- 
fied by  public  considerations  in  preventing  the  evil  by  forbidding 
the  cause.  In  the  determination  of  this  question  it  will  be  well 
first  to  summarize  some  of  the  facts  and  reasons  which  induced 
the  legislation,  and,  second,  to  test  the  sufiiciency  of  these  as  a 
basis  for  the  statute  by  certain  principles  of  law  applicable  to 
such  a  case. 


ISTiGHT  Work  Cast  OriNioisr  361 

There  are  certain  fundamental  facts  involved  in  the  decision 
of  the  question  which  are  beyond  any  dispute.  The  statute  forbids 
night  work  simply  in  factories.  We  know  as  a  matter  of  common 
observation  that  such  labor  is  generally  performed  in-doors  and 
that  under  average  conditions  and  surroundings  existing  in  fac- 
tories, even  when  performed  in  the  daytime,  it  is  ordinarily 
arduous  and  exacting. 

Impairment  caused  by  exhaustion  or  even  ordinary  weariness 
must  be  repaired  by  normal  and  refreshing  sleep  and  rest  if  health 
and  efficiency  are  to  be  preserved.  The  natural  and  common  order 
of  work  and  rest  is  that  the  former  shall  be  for  the  most  part  per- 
formed during  the  hours  of  day  and  the  latter  enjoyed  during 
the  night.  Habitual  and  continuous  worii  by  night  is  at  variance 
with  this  order. 

Protection  of  the  health  of  women  is  a  subject  of  special  con- 
cern to  the  State.  However  confident  a  great  number  of  people 
may  be  that  in  many  spheres  of  activity,  including  that  of  the  ad- 
ministration of  government,  woman  is  the  full  equal  of  man,  no 
one  doubts  that  as  regards  bodily  strength  and  endurance  she  is 
inferior  and  that  her  health  in  the  field  of  physical  labor  must  b© 
specially  guarded  by  the  State  if  it  is  to  be  preserved  and  if  she 
is  to  continue  successfully  and  healthfully  to  discharge  those 
peculiar  duties  which  nature  has  imposed  upon  her.  This  propo- 
sition is  fully  recognized  and  stated  in  Muller  v.  Oregon  (208 
TJ.  S.  412,  421  where  it  was  said:  "That  woman's  physical 
structure  and  the  performance  of  maternal  functions  place  her  at 
a  disadvantage  in  the  struggle  for  subsistence  is  obvious.  This  is 
especially  true  when  the  burdens  of  motherhood  are  upon  her. 
Even  when  they  are  not,  by  abundant  testimony  of  the  medical 
fraternity  continuance  for  a  long  time  on  her  feet  at  work,  re- 
peating this  from  day  to  day,  tends  to  injurious  effects  upon  the 
body,  and  as  healthy  mothers  are  essential  to  vigorous  offspring, 
the  physical  well-being  of  woman  becomes  an  object  of  public 
interest  and  care  in  order  to  preserve  the  strength  and  vigor  of 
the  race.  *  *  *  Differentiated  by  these  matters  from  the 
other  sex,  she  is  properly  placed  in  a  class  by  herself,  and  legisla- 
tion designed  for  her  protection  may  be  sustained,  even  when  like 
legislation  is  not  necessary  for  men  and  could  not  be  sustained." 


362  Appendix  II 

And  if  any  further  brief  evidence  of  the  truth  of  the  propo- 
sition were  necessary  it  would  be  found  in  the  many  statutes  which 
have  been  adopted  in  this  State  without  question  of  their  consti- 
tutionality particularly  designed  to  protect  and  preserve  the  health 
of  women  when  engaged  in  various  kinds  of  physical  labor. 

Moved  in  part  it  may  be  by  such  general  and  underlying  con- 
siderations as  these,  under  and  in  accordance  with  two  statutes 
adopted  by  our  Legislature  in  1911  and  1912  (Laws  of  1911, 
chapter  501;  Laws  of  1912,  chapter  21),  there  was  appointed  in 
the  latter  year  a  factory  investigating  commission.  This  commis- 
sion considered  this  subject  of  night  work  by  women  in  factories 
and  in  1913  made  a  report  to  the  Legislature,  recommending  that 
there  be  passed  the  law  now  before  us  prohibiting  it.  It  reported 
that  such  prohibition  was  essential  to  protect  and  preserve  the 
health  and  to  some  extent  the  morals  of  women.  It  stated:  "  The 
chief  danger  of  health  from  night  work  is  *  *  *  due  to  the 
inevitable  lack  of  sleep  and  sunlight.  Recuperation  from  fatigue 
takes  place  fully  only  in  sleep,  and  best,  in  sleep  at  night.  Hence, 
night  work  is,  in  a  word,  against  nature.  When  exhausting  fac- 
tory work  fills  the  night,  and  household  work  most  of  the  day, 
health  must  inevitably  be  sacrificed.  This  injury  to  health  is  all 
the  greater,  because  sleep  lost  at  night  by  working  women  is  never 
fully  made  up  by  day.  For,  in  the  first  place,  sleep  in  the  daytime 
is  not  equal  in  recuperative  power  to  sleep  at  night.  *  *  * 
Moreover,  quiet  and  privacy  for  sleep  by  day  is  almost  impossible 
to  secure.  Upon  returning  home  in  the  middle  of  the  night  or  at 
dawn  the  workers  can  snatch  at  most  only  a  few  hours'  rest" 

While  it  is  impossible  to  review  at  length  this  report  and  recom- 
mendation and  the  foundations  therefor,  it  may  briefly  and  gener- 
ally be  stated  that  it  was  based  upon  and  supported  by  quite  an 
extensive  investigation  by  the  commission  of  actual  factory  con- 
ditions in  this  State  where  women  performed  night  work,  by  many 
opinions  of  medical  and  other  experts,  and  examination  of  other 
industrial  investigations  and  legislation  adopted  in  other  juris- 
dictions in  obedience  we  must  assume  to  public  opinion,  for- 
bidding such  night  work.  It  was  also  supported,  whether  ex- 
pressly so  stated  or  not,  by  the  general  considerations  first  above 
set  fortL     Amongst  other  things  in  the  report  to  which  special 


Night  Work  Cast  Opinion  363 

reference  may  be  made,  it  appeared  that  in  1906  there  assembled 
in  Switzerland  representatives  of  fourteen  European  governments 
who  signed  an  international  convention  for  the  prohibition  of  in- 
dustrial work  at  night  by  women,  and  that  prior  to  1912  all  of 
the  powers  represented  except  one  had  ratified  the  convention,  and 
that  in  many  cases  such  legislation  provided  for  a  longer  period 
of  rest  at  night  than  that  recommended  by  the  international  agree- 
ment. It  also  appears  now  by  the  briefs  submitted  to  us,  whether 
that  was  stated  in  the  report  or  not,  that  nine  of  the  United  States 
had  passed  legislation  prohibiting  such  night  work  by  women. 

Thus  at  the  time  when  this  statute  was  adopted  there  was  before 
the  Legislature  the  report  of  a  commission  created  by  it  to  con- 
sider and  report  on  this  subject,  based  on  natural  laws  and  on 
actual  investigation,  a  large  volume  of  expert  and  medical  opinion 
and  a  large  number  of  statutes  adopted  in  various  jurisdictions,  all 
of  which  tended  to  show  a  careful  and  long-continued  study  and 
examination  of  the  subject  of  night  work  by  women,  and  as  a 
result  of  such  study  and  examination  a  wide-spread  belief  that 
such  work  was  so  injurious  to  their  health  that  it  ought  to  be  pro- 
hibited both  for  their  own  sakes  and  for  the  sake  of  the  offspring 
whom  they  might  bear. 

We  then  come  to  the  query  whether  such  facts,  evidence  and 
information  furnished  a  sufficient  reason  for  action  by  the  Legis- 
lature and  justified  the  statute  which  was  adopted,  and  I  think 
the  answer  must  be  in  the  affirmative. 

In  the  decision  by  the  Legislature  whether  it  should  adopt  such 
legislation,  and  in  the  determination  by  us  whether  the  Legis- 
lature was  justified  in  adopting  it,  it  was  and  we  are  entitled  to 
take  into  account  the  report  made  by  the  commission,  such  facts 
tending  to  support  it  as  were  matters  of  common  knowledge,  and 
the  widespread  and  long-continued  belief  evidenced  by  statutes 
and  in  other  manners  that  night  work  by  women  in  such  a  place 
as  a  factory  is  so  injurious  that  grave  dangers  therefrom  are  to 
be  apprehended. 

In  Muller  v.  Oregon  (supra)  it  was  said:  "Constitutional 
questions,  it  is  true,  are  not  settled  by  even  a  consensus  of  present 
public  opinion,  for  it  is  the  peculiar  value  of  a  written  constitu- 
tion that  it  places  in  unchanging  form  limitations  upon  legislative 


364  .      AppEjrorx  II 

aeticm,  and  thus  gives  a  perman^ice  and  stabilitj  to  popular 
gtwemment  which  otherwise  would  be  lacking.  At  the  same  time, 
when  a  question  of  fact  is  debated  and  debatable,  and  the  extent  to 
which  a  special  constitutional  limitation  goes  is  effected  by  the 
truth  in  respect  to  that  fact,  a  widespread  and  long-continued 
belief  concerning  it  is  worthy  of  consideration.  We  take  judicial 
cognizance  of  all  matters  of  general  knowledge."     (p.  420.) 

In  Matter  of  Viemeister  (179  I^.  Y.  235,  240),  which  con- 
sidered the  constitutionality  of  a  statute  passed  in  the  exercise  of 
the  police  power  of  the  state  concerning  vaccination,  it  was  said : 
"A  common  belief,  like  common  knowledge,  does  not  require  evi- 
dence to  establish  its  existence,  but  may  be  acted  upon  without 
proof  by  the  Legislature  and  the  courts.  While  the  power  to  take 
judicial  notice  is  to  be  exercised  with  caution  and  due  care  taken 
to  see  that  the  subject  comes  within  the  limits  of  common  knowl- 
edge, still,  when  according  to  the  memory  and  conscience  of  the 
judge,  instmoted  by  recourse  to  such  sources  of  information  as  he 
deems  trustworthy,  the  matter  is  clearly  within  those  limits,  the 
power  may  be  exercised  by  treating  the  fact  as  proved  without 
allegation  or  proof." 

And  again  it  was  written  in  Brown  v.  Piper  (91  U.  S.  37,  42) 
that  "  Courts  will  take  notice  of  whatever  is  generally  known 
within  the  limits  of  their  jurisdiction." 

The  knowledge  and  information  before  the  Legislature  which  it 
was  thus  entitled  to  consider  presented  to  it  a  subject  of  general 
interest  and  public  concern  which  justified  consideration  and 
legislation.  It  warranted  the  belief  that  night  work  by  women  in 
factories  is  generally,  substantially  and  especially  detrimental  to 
their  health,  and  surely  it  is  a  matter  of  vital  importance  to  the 
State  that  the  health  of  thousands  of  women  working  in  factories 
should  be  protected  and  safeguarded  from  any  drain  which  can 
reasonably  be  avoided.  This  not  only  for  their  own  sakes  but,  as 
is  and  ought  to  be  constantly  and  legitimately  emphasized,  for  the 
sake  of  the  children  whom  a  great  majority  of  them  will  be  called 
on  to  bear  and  who  will  almost  inevitably  display  in  their  de- 
ficiencies the  unfortunate  inheritance  conferred  upon  them  by 
physically  broken  down  mothers. 

The  Legislature  was  justified  in  preventing  any  such  evils  as 
those  which  were  outlined,  both  real  and  fairly  to  be  anticipated, 


Night  Work  Cast  Opinion  3G5 

by  any  legislation  wliicli  reasonably  tended  to  prevent  them,  and 
it  had  a  wide  discretion  in  formulating  the  means  which  it  would 
adopt  to  this  end.  (People  ex  rel.  Nechanacus  v.  Warden,  etc, 
lU  :S'.  Y.  529,  535;  People  v.  Ewer,  141  N.  Y.  129.) 

It  was  a  sufficient  basis  in  that  respect  for  action  if  only  there 
were  reasonable  grounds  for  belief  that  such  labor  was  thus  in- 
jurious, even  though  there  was  an  "  earnest  conflict  of  serious 
opinion  "  on  the  subject.  (Holden  v.  Hardy,  169  U.  S.  366, 
395;  Erie  Railroad  Co.  v.  New  York,  233  U.  S.  671,  699.) 

The  only  question  then  left  is  the  one  whether  the  Legislature 
was  justified  in  going  so  far  as  to  prohibit  night  labor  in  factories 
between  the  hours  named  by  it  as  a  means  of  promoting  the  public 
welfare  by  avei*ting  the  actual  or  apprehended  misfortune  of 
broken  health  of  working  womem  There  are  well-established  gen- 
eral rules  by  which  to  tee-t  this  question. 

In  considering  legislation  adopted  for  such  a  purpose  we  must 
start  out  with  the  presumption  that  it  is  constitutional  and  valid. 
(People  ex  rel.  Kemmler  v.  Durston,  119  N.  Y.  569,  577.)  If 
the  statute  upon  its  face  appears  to  be  reasonable  and  just  and 
appropriate,  and  we  can  fairly  believe  that  its  natural  conse- 
quences will  be  in  the  direction  of  betterment  of  public  health 
and  welfare,  and,  therefore,  that  it  is  one  which  the  State  for  ita 
protection  and  advantage  may  enact  and  enforce,  it  will  be  the 
duty  of  the  courts  to  pronounce  it  constitutional  even  though  they 
should  doubt  its  wisdom.  (People  v.  Klinck  Packing  Co.,  214 
N.  Y.  121 ;  Holden  v.  Hardy,  169  U.  S.  366,  395.)  Or,  to  state 
the  rule  in  converse  form,  before  we  can  pronounce  such  a  statute 
as  that  now  before  us  unconstitutional  we  must  be  able  to  see 
either  that  there  is  no  real,  substantial  evil  of  public  interest  to  be 
guarded  against  or  that  there  is  no  reascmable  relation  between 
the  evil  and  the  purported  cure  or  prevention  offered  by  the 
statute.  (Booth  v.  Illinois,  184  U.  S.  425 ;  Chicago,  B.  &  Q.  R. 
K  Co.  V.  McGuire,  219  U.  S.  549.) 

It  is  not  a  basis  for  a  constitutional  objection  to  a  statute  like 
this  generally  prohibiting  the  labor  of  w(Mnen  between  certain 
hours  that  in  exceptional  cases  it  may  prevent  employment  of 
some  women  for  a  short  time  between  those  hours  under  such  con- 
ditions as  would  be  productive  of  no  substantial  harm.  A  Legis- 
lature must  legislate  in  general  terms,  and  its  mandates  are  not 


366  Appendix  II 

constitutionaUj  vulnerable  because  having  power  to  act  concern- 
ing a  certain  subject  and  to  legislate  in  terms  reasonably  calcu- 
lated to  accomplish  the  general  purpose  within  the  scope  of  its 
authority,  it  covers  and  prohibits  some  isolated  transaction  which 
by  itself  would  be  harmless  and  unobjectionable-  (Purity  Ex- 
tract &  Tonic  Co.  V.  Lynch,  226  U.  S.  192 ;  People  ex  rel.  Hill 
V.  Hesterberg,  184  K  Y.  126,  131;  Otis  v.  Parker,  187  TJ.  S. 
606.) 

Neither  is  it  an  effective  objection  to  a  statute  if  some  of  those 
who  will  be  protected  by  its  provisions  oppose  such  protection, 
for  the  State  has  such  an  interest  in  the  welfare  of  its  citizens 
that  it  may  if  necessary  protect  them  against  even  their  own  in- 
difference, error  or  recklessness.  (Holden  v.  Hardy,  169  U.  S. 
366;  Hennington  v.  Gfeorgia,  163  U.  S.  299.)  Nor  if  some  cases 
which  might  have  been  included  are  omitted,  for  police  legislation 
may  rest  on  narrow  distinctions.  Keokee  Cons.  Coke  Co.  v. 
Taylor,  234  U.  S.  224;  German  Alliance  Ins.  Co.  v.  Kansas, 
233  U.  S.  389.) 

Tested  and  fortified  by  these  rules,  we  cannot  and  ought  not 
to  say  that  the  Legislature  did  not  act  within  the  wide  powers  of 
discretion  and  judgment  possessed  by  it  in  adopting  the  pro- 
hibition which  it  did  as  a  means  of  preventing  the  evils  with 
which  it  was  justified  in  believing  the  state  to  be  threatened  as 
the  result  of  such  night  work  by  women. 

There  can  be  no  doubt  that  the  means  adopted  tended  to  pro- 
vent  the  apprehended  danger.  The  only  chance  for  debate  would 
be  whether  the  prohibition  is  so  wide  and  so  universal  that  it  can 
be  said  that  it  is  so  out  of  proportion  to  the  benefits  sought  that 
it  is  burdensome  and  unseasonable  to  a  degree  which  transcends 
the  discretion  of  the  L^slature.  We  feel  sure  this  cannot  be 
said.  What  is  reasonable  and  appropriate  in  such  a  matter  must 
be  lai^ly  decided  by  prevailing  opinion  and  judgment,  and  by 
reference  to  what  has  been  and  is  being  done  with  approval  by 
this  and  other  states  and  countries  in  the  same  and  similar 
matters,  and,  as  has  been  pointed  out,  there  is  no  lack  of  support 
in  such  respects  for  the  present  enactment.  If  it  is  proper,  as  it 
certainly  has  been  held  to  be  both  by  widely  held  public  opinion 
and  by  the  decisions  of  the  Supreme  Court  of  the  land,  to  protect 


Night  Work  Cast  Opinion  367 

the  health  of  woman  by  restricting  the  hours  during  which  she 
may  labor  in  certain  pursuits,  it  cannot  be  said  as  a  matter  of 
constitutional  law  that  it  is  illogical  and  improper  for  the  Legis- 
lature to  take  the  further  step,  which  it  now  has  taken,  and  say 
that  those  hours  of  labor  must  not  be  performed  at  times  and 
under  conditions  which  as  a  matter  of  general  experience  tend 
generally  and  substantially  to  break  down  the  health  of  the 
laborer.  It  requires  no  very  great  exercise  of  judgment  and  dis- 
cretion to  justify  this  additional  forward  step  in  protective  regu- 
lation, and  it  seems  to  us  to  be  within  the  power  possessed  by  the 
Legislature.  Of  course  we  are  well  aware  that  the  process  of 
justifying  a  new  step  by  the  fact  that  it  marks  but  a  short  ad- 
vance over  the  last  preceding  one  if  continued  long  enough  may 
lead  to  extremes  which  cannot  be  approved.  But  while  we  may 
appreciate  that  possibility,  we  only  have  before  us  now  the  specific 
advance  taken  by  this  particular  statute,  and  as  we  have  indicated 
we  think  that  it  is  not  only  not  condemned  by  the  test  of  all  the 
facts  and  principles  of  law  which  are  applicable,  but  is  supported 
and  sustained  by  them. 

Various  other  grounds  have  been  urged  upon  our  attention  a3 
ones  upon  which  the  constitutionality  of  the  statute  might  rest. 
They  have  not  been  overlooked,  but  it  is  deemed  unnecessary  to 
consider  them  in  view  of  our  conclusion  in  respect  of  the  question 
which  has  been  discussed. 

Therefore,  we  conclude  the  statute  is  constitutional  as  a  police 
regulation  in  the  interest  of  public  health  and  the  general  welfare 
of  the  people  of  the  State. 

In  reaching  the  conclusion  above  set  forth  we  have  not  over- 
looked or  failed  to  consider  the  forcibly  expressed  argument  of 
the  appellant  that  we  have  been  passing  through  days  when  many 
people  were  prodigal  in  their  generous  willingness  to  devise 
statutory  cures  for  other  people  who  neither  demanded,  desired 
or  needed  them,  and  that  this  statute  in  ita  universal  application 
to  all  factories  will  inflict  unnecessary  hardships  on  a  great  many 
women  who  neither  ask  nor  require  its  provisions  by  depriving 
them  of  an  opportunity  to  earn  a  livelihood  by  perfectly  healthful 
labor  although  performed  during  some  of  the  hours  of  the  night. 
There  may  or  may  not  be  force  in  some  of  these  arguments.    They 


368  Appejstdix  II 

are  of  the  kind  wkich  involve  questions  of  discretion,  judgment 
and  public  policy  and  must  be  addressed  to  the  Legislature.  To 
put  the  proposition  in  a  little  different  way  than  it  is  ordinarily 
stated  the  question  before  us  is  really  vsrhether  the  facts  and  con- 
siderations before  and  within  the  knowledge,  actual  and  theo- 
retical, of  the  L^islature,  gave  them  jurisdiction  to  decide  that 
night  work  in  factories  generally  was  or  might  be  so  injurious  to 
the  health  of  women  engaged  therein  that  it  should  be  prohibited 
in  the  interest  of  public  health  and  welfare.  If,  as  we  have  held 
to  be  the  case,  such  facts  and  information  did  give  it  jurisdiction 
to  act,  the  selection  of  the  method  and  extent  of  its  action  was 
largely  within  its  discretion  and  not  to  be  reviewed  by  us.  If  it 
be  the  actual  case  that  this  law  as  a  matter  of  fact  does  bear  too 
severely  on  certain  classes  of  night-working  women,  the  Legisla- 
ture ought  to  be  open  to  argument  in  favor  of  appropriate  modifi- 
cations of  and  exceptions  to  the  present  statute  such  as  they  have 
made  in  the  case  of  other  industrial  statutes.  (People  v.  Klinck 
Packing  Co.,  214  IIT.  Y.  121.)  At  any  rate,  it  aught  not  to  be 
expected  that  this  Court  will  seek  to  offset  the  errors  in  judgment 
of  the  Legislature,  if  any  there  be,  in  the  case  of  such  l^islation 
by  straining  to  overcome  the  presumption  of  validity  which  at- 
tadiEB  to  such  a  measure  when  it  comes  from  the  hands  of  the 
law-making  body  and  by  affixing  the  stamp  of  unconstitutionality 
unless  it  is  clearly  called  for. 

Lastly,  it  is  urged  that  whatever  might  be  our  original  views 
concerning  this  statute,  our  deciMon  in  People  v.  Williams  (189 
N.  Y.  131)  is  an  adjudication  which  ought  to  bind  us  to  the  con- 
clusion that  it  is  unconstitutional.  While  it  may  be  that  this 
argumeait  is  not  without  an  apparent  and  superficial  foundation 
and  ought  to  be  fairly  met,  I  think  that  a  full  consideration  of 
the  Williams  case  and  of  the  present  one  will  show  that  they  may 
be  really  and  substantially  differentiated  and  that  we  shovdd  not 
be  and  are  not  committed  by  what  was  said  and  decided  in  the 
former  to  the  view  that  the  L^slature  had  no  power  to  adopt  the 
present  statute. 

The  statute  under  consideration  in  the  Williams  ease,  like  the 
present  one,  prohibited  night  work  by  women  in  factories,  and 
while  its  provisions  were  somewhat  more  drastic  than  those  of  the 


Night  Work  Cast  Opinion  369 

present  one,  it  may  be  conceded  that  these  differences  were  of 
details  and  would  not  serve  to  distinguish  that  statute  from  the 
present  one  in  respect  of  it^  constitutionality.  But  the  facts  on 
whi<!h  the  fomier  statute  might  rest  as  a  health  regulation  and  the 
arguments  made  to  us  in  behalf  of  its  constitutionality  were  far 
different  than  those  in  the  present  case. 

That  statute  bore  on  its  face  no  clear  evidence  that  it  was 
passed  for  the  purpose  of  protecting  the  health  and  welfare  of 
women  working  in  factories,  and  while  of  course  the  presence  of 
or  absence  of  such  a  label  would  not  be  controlling  in  determining 
the  purposes  and  validity  of  the  statute,  it  still  was  in  that  case 
an  incident  of  some  importance  as  leading  to  the  conclusions 
finally  expressed  by  Judge  Gray  and  adopted  by  the  court  as  ap- 
pears by  the  quotations  from  his  opinion  hereafter  made. 

While  theoretically  we  may  have  been  able  to  take  judicial 
notice  of  some  of  the  facts  and  of  some  of  the  legislation  now 
called  to  our  attention  as  sustaining  the  belief  and  opinion  that 
night  work  in  factories  is  widely  and  substantially  injurious  to 
the  health  of  women,  actually  very  few  of  these  facts  were  called 
to  our  attention,  and  the  argument  to  uphold  the  law  on  that 
ground  was  brief  and  inconsequential. 

Especially  and  necessarily  was  there  lacking  evidence  of  the 
extent  to  which  during  the  intervening  years  the  opinion  and  be- 
lief have  spread  and  strengthened  that  such  night  work  is  in- 
jurious to  women;  of  the  laws,  as  indicating  such  belief,  since 
adopted  by  several  of  our  own  states  and  by  large  European 
cmmtries,  and  the  report  made  to  the  Legislature  by  its  own 
agency,  the  factory  investigating  commission,  based  on  investi- 
gation of  actual  conditions  and  study  of  scientific  and  medical 
opinion  that  night  work  by  womeai  in  factories  is  generally  injur- 
ious and  ought  to  be  prohibited. 

The  failure  adequately  to  fortify  and  press  upon  our  attention 
the  constitutionality  of  the  former  law  as  a  health  and  police 
measure  and  to  sustain  its  constitutionality  by  reference  to  proper 
facts  and  circumstances  is  sufficiently  evidenced  by  what  was  said 
by  Judge  Gray :  "  I  find  nothing  in  the  language  of  the  section 
which  suggests  the  purpose  of  promoting  health,  except  as  it  might 


370  Appendix  II 

be  inferred  that  for  a  woman  to  work  during  the  forbidden  hours 
of  night  would  be  unhealthful.  If  the  inhibition  of  the  section 
in  question  had  been  framed  to  prevent  the  ten  hours  of  work 
from  being  performed  at  night,  or  to  prolong  them  beyond  nine 
o'clock  in  the  evening,  it  might,  more  readily,  be  appreciated  that 
the  health  of  women  was  the  matter  of  l^slative  concern.  That 
is  not  the  effect,  nor  the  sense,  of  the  provision  of  the  section  with 
which,  alone,  we  are  dealing.  *  *  *  if  this  enactment  is  to 
be  sustained,  then  an  adult  woman,  although  a  citizen  and  entitled 
as  such  to  all  the  rights  of  citizenship  under  our  laws,  may  not  be 
employed  *  *  *  in  any  factory  for  any  period  of  time 
*  *  *  if  it  is  within  the  prohibited  hours;  and  this,  too, 
without  any  regard  to  the  healthfulness  of  the  employment." 
(p.  134.) 

So,  as  it  seems  to  me,  in  view  of  the  incomplete  manner  in  which 
the  important  question  underlying  this  statute  —  the  danger  to 
women  of  night  work  in  factories  —  was  presented  to  us  in  the 
Williams  case,  we  ought  not  to  regard  its  decision  as  any  bar  to 
a  consideration  of  the  present  statute  in  the  light  of  all  the  facts 
and  arguments  now  presented  to  us  and  many  of  which  are  in 
addition  to  those  formerly  presented,  not  only  as  a  matter  of 
mere  presentation,  but  because  they  have  been  developed  by  study 
and  investigation  during  the  years  which  have  interv'cned  since 
the  Williams  decision  was  made.  There  is  no  reason  why  we 
should  be  reluctant  to  give  effect  to  new  and  additional  knowledge 
upon  such  a  subject  as  this  even  if  it  did  lead  us  to  take  a  different 
view  of  such  a  vastly  important  question  as  that  of  public  health 
or  disease  than  formerly  prevailed.  Particularly  do  I  feel  that 
we  should  give  serious  consideration  and  great  weight  to  the  fact 
that  the  present  legislation  is  based  upon  and  sustained  by  an  in- 
vestigation by  the  Legislature  deliberately  and  carefully  made 
through  an  agency  of  its  own  creation,  the  present  factory  in- 
vestigation commission. 

I,  therefore,  think  that  the  order  appealed  from  should  be 
affirmed. 

Chase,  Hogan,  Miller  and  Cardozo,  JJ.,  concurr;  Willard 
Bartlett,  Ch.  J.,  concurs  in  the  result  and  in  that  part  of  the 
opinion  which  discusses  the  Williams  case;  Collin,  J.,  not  voting. 

Order  affirmed. 


3.  BRIEF  ON  LAW  PROHIBITING  CERTAIN  MANU- 
FACTURE IN  TENEMENTS 


SUPREME  COURT. 
Appellate  Division"  —  Second  Department. 


The  People  of  the  State  of  New  York, 
Plaintiffs-Respondents, 

against 

Jacob  Balofsky, 

Defendant-Appellant. 


BRIEF  SUBMITTED  ON  BEHALF  OF  TBOE  NEW  YORK 
STATEiFACTORY  INVESTIGATING  COMMISSION  AS  AMICUS 
CURIAE 

STATEMENT 

This  is  an  appeal  from  a  judgment  of  the  Court  of  Special 
Sessions,  Borough  of  Brooklyn,  rendered  April  1,  1914,  convicting 
the  appellant  of  a  violation  of  section  104  of  the  Labor  Law  and 
imposing  a  fine  of  twenty  dollars. 

The  defendant  on  November  12,  1913,  was  the  proprietor  of  a 
coat  factory  in  Brooklyn  and  in  violation  of  said  law,  contracted 
with  a  woman  to  finish  for  him  twenty  children's  coats,  in  a  living 
apartment  of  a  tenement  house. 

Interest  of  Factory  Investigating  Commission  in  this  Case 
The  New  York  State  Factory  Investigating  Commission,  which 
submits  this  brief  as  amicus  curiae,  was  created  by  chapter  561 
of  the  Laws  of  1911,  and  continued  by  chapter  21  of  the  Laws  of 
1912,  chapter  137  of  the  Laws  of  1913,  and  chapter  110  of  the 
Laws  of  1914.  It  was  directed  to  inquire  into  conditions  gen- 
erally under  which  manufacturing  is  carried  on  throughout  the 

[3711 


372  Appendix  II 

State,  and  to  make  recommendations  to  the  Legislature  for  sucli 
legislation  as  might  be  found  necessary  to  remedy  evil  conditions 
disclosed.  The  Commission  is  still  in  existence,  its  term  of  office 
not  having  expired. 

Section  104  of  the  Labor  Law,  the  constitutionality  of  which 
is  before  the  court  for  consideration  in  this  action,  was  one  of  a 
series  of  bills  recommended  by  the  Factory  Commission  in  its 
second  report  to  the  Legislature,  submitted  January  15,  1913,  deal- 
ing with  the  subject  of  manufacturing  in  tenements.  Hence  the 
interest  of  the  Commission  in  any  question  which  arises  with 
reference  to  the  constitutionality  of  any  of  these  laws. 

History  of  Legislation  in  New  York  State  with  Referexce 
TO  Manufacturing  in  Tenements 

In  1884  an  act  was  passed  by  the  Legislature  prohibiting  the 
manufacture  of  cigars  and  cigarettes  in  tenement  houses  in  cities 
having  over  500,000  inhabitants.  This  act  was  declared  unconsti- 
tutional by  the  Court  of  Appeals  in  the  case  of  In  re  Jacobs  (98 
]Sr.  Y.  p.  98),  which  wiU  be  referred  to  in  detail  hereafter. 

From  1885  when  the  Jacobs  case  was  decided  down  to  1892, 
practically  nothing  was  done  to  regulate  or  control  manufacturing 
in  tenements.  The  unsanitary  conditions  found  in  tenement  work 
rooms  made  it  necessary  for  the  State  to  take  some  action,  and  in 
1892  a  system  of  licensing  homework  was  established.  The  law 
passed  in  that  year  provided  that  a  homeworker  engaged  in  finish- 
ing certain  articles  must  obtain  a  license  for  the  apartment  in 
which  he  lived  and  worked.  From  time  to  time  this  law  was 
amended,  but  licensing  of  tenements  remained  its  essential  pro- 
vision. 

To-day,  it  is  no  longer  the  apartment  of  the  worker,  but  the 
entire  tenement  which  must  be  licensed  before  any  manufacturing 
can  legally  be  done  therein. 

At  the  time  the  Factory  Commission  commenced  its  investiga- 
tions in  1911,  a  license  was  required  only  if  any  of  the  forty-one 
articles  specified  in  the  law  were  manufactured.  Articles  not 
mentioned  in  the  law  could  be  manufactured  freely  in  any 
dwelling. 


Beiefs  Submitted  by  Commission  373 

Investigation  of  Commission 

Immediately  after  the  Coimnissioii  took  up  its  work  of  investi- 
gation its  attention  was  called  to  the  unsanitary  and  unwholesome 
conditions  under  which  manufacturing  was  carried  on  in  living 
apartments  of  tenements,  and  the  Commission  was  urged  to  under- 
take a  thorough  study  of  that  problem. 

In  1911  a  preliminary  investigation  was  made,  which  is  set 
forth  in  the  preliminary  report  of  the  commission,  pages  83  to  91 
and  573  to  587.  When  the  Commission  was  continued  in  1912, 
a  thorough  investigation  of  the  subject  was  undertaken.  A 
director  was  placed  in  charge,  with  a  trained  corps  of  inspectors. 
The  investigation  covered  the  city  of  New  York  and  other  cities 
up  State,  in  which  the  system  of  sending  goods  from  factories  to 
tenement  houses  to  be  manufactured  or  completed,  prevailed.  The 
results  of  that  investigation  are  fully  set  forth  in  the  second  volume 
of  the  Commission's  second  report  to  the  Legislature,  pages  669  to 
755,  to  which  reference  is  hereby  made. 

In  addition  to  this  investigation,  which  was  conducted  in  a 
scientific  and  impartial  maimer  so  that  all  the  facts  bearing  on 
the  subject  might  be  obtained,  the  Commission  held  a  series  of 
public  hearings  in  different  cities  of  the  State,  at  which  this  sub- 
ject of  manufacturing  in  tenements  was  considered  and  the  views 
and  suggestions  of  all  parties  in  interest  —  employers,  workers, 
physicians  and  others  —  were  received.  Their  testimony  will  be 
found  in  the  third  and  fourth  volumes  of  the  Commission's 
Second  Report,  particularly  at  pages  1504  to  1631. 

Final  Report  of  the  Commission  on  the  Subject 

The  Commission's  final  report  on  manufacturing  in  tenements 
and  its  recommendations  on  the  subject  to  the  Legislature,  are  set 
forth  in  the  first  volume  of  the  Second  Report  to  the  Legislature, 
pages  90  to  123. 

It  is  not  the  purpose  of  this  brief  to  repeat  the  findings  of  the 
Commission  in  detail.  The  reports  of  the  Commission  and  the 
testimony  taken  before  it  are  public  records  of  which  this  court 
may  take  judicial  notice.  Besides  the  most  salient  features  have 
been  incorporated  in  the  brief  submitted  by  the  learned  District 
Attorney  on  behalf  of  the  people  in  this  case. 


374  Appendix  II 

Findings  of  the  Commission 
Unsanitary  Conditions  and  Disease. 

The  Commission's  investigation  showed  that  work  was  carried 
on  in  tenement  houses  for  factories  under  the  most  unsanitary 
conditions,  and  that  the  system  of  licensing  tenements  for  manu- 
facturing purposes  in  no  way  insured  the  work  being  carried  on 
under  proper  conditions.  Investigators  found  work  carried  on 
in  rooms  in  which  there  were  persons  suffering  from  contagious 
and  infectious  diseases — scarlet  fever,  diptheria,  measles,  typhoid, 
and  tuberculosis. 

Our  investigators  found  among  home  working  families,  many 
cases  of  impetigo,  a  loathsome  skin  trouble,  which  is  contagious.' 
Children  suffering  with  this  disease  were  found  playing  with 
manufactured  products.  In  one  case  a  girl  suffering  from  the 
disease  was  found  picking  nuts  for  a  factory. 

The  following  testimony  given  under  oath  by  Dr.  Annie  S. 
Daniels,  a  practising  physician  since  1876,  and  at  the  time  she 
testified,  in  charge  of  the  out-door  practice  of  the  New  York  In- 
firmary for  Women  and  Children,  shows  how  dangerous  to  the 
public  manufacturing  in  tenements  is  in  a  great  many  cases. 
Part  of  her  testimony  is  as  follows : 

"  I  have  found  during  this  past  year,  182  families,  79  with 
contagious  diseases  doing  this  tenement-house  work.  One 
family  was  embroidering  monograms  and  three  of  the  chil- 
dren were  sick  with  measles.  The  woman  was  embroidering 
monograms  on  table  napkins.  I  found  sixteen  cases  of  scarlet 
fever  during  the  entire  time.  Where  they  had  scarlet  fever, 
most  of  the  people  were  finishing  men's  clothing ;  that  is  doing 
all  the  hand  sewing  that  is  done  on  men's  coats  and  trousers. 
The  children  had  scarlet  fever.  The  work  was  being  done  in 
the  same  room  where  they  were  sick,  and  during  the  con- 
valescence of  the  child,  by  the  child,  sometimes  while  the  child 
was  peeling.  The  law  requires  us  to  report  every  one  of 
those  cases  *  *  *  the  notice  of  the  Board  of  Health  of 
a  contagious  disease  was  on  the  door  while  the  work  was  going 
on.  I  found  nine  cases  of  tuberculosis  among  the  182 
families,  all  of  them  working.     Tuberculosis  can  be  carried. 


Bkiefs  Submitted  by  Commission  375 

There  was  one  family,  where  they  were  making  buttons  for 
women's  clothes  —  that  is  covering  buttons  for  women's 
clothes.  One  of  these  children  was  three  years  old;  the 
mother  had  tuberculosis.  The  mother  was  working  herself, 
and  the  children  were  working.  I  found  two  cases  of  polio- 
myelitis, an  infectious  paralytic  disease  of  children.  The 
exact  nature  of  how  that  is  carried  is  not  known.  It  is  con- 
tagious from  child  to  child.  It  is  a  very  horrible  disease. 
I  know  one  case  where  the  child  died  and  the  woman  hardly 
stopped  her  work  while  the  child  was  dying.  She  was  finish- 
ing trousers.     I  was  present  at  that  time. 

Q.  And  the  child  was  dying  ?  A.  The  child  was  dying. 
Q.  And  the  woman  did  not  stop  work  ?  A.  She  could  not. 
Q.  She  had  to —  A.  She  had  to  do  it;  her  husband  was 
a  gambler.  The  woman  was  somewhere  between  25  and  SO 
years  old.  The  child  was  about  —  less  than  two  years  old  ;< 
eighteen  months.  The  woman  was  working  in  the  same  room 
where  the  child  was  sick ;  they  had  only  two  rooms." 

Second    Report,    Factory    Investigating    Commission, 
Volume  I,  p.  98. 

Manufacturers  took  no  precautions  to  ascertain  the  sanitary  con- 
ditions in  homes  in  which  they  gave  out  articles  to  be  made  or 
finished.  They  made  no  inspection  of  any  kind.  One  manu- 
facturer of  confectionery  who  gave  out  nuts  to  be  picked  in  a 
tenement,  gave  the  following  testimony : 

"  I  never  saw  the  places  where  the  work  is  done.  They 
do  it  in  tenement  houses.  I  do  not  know  whether  the  people 
are  sick  or  anything  about  them  at  all.  If  we  find  that  there 
are  some  sick  people  in  some  houses,  we  would  not  give  them 
any  more  work.  Once  in  a  while  we  find  it  out  through 
other  people.  But  I  do  not  know  whether  or  not  people  are 
sick  where  they  do  this  work. 

Q.  How  do  they  pick  the  meat  out  of  the  nuts  ?  Do  they 
have  any  instruments  or  do  they  pick  it  out  with  their  fingers  ? 
A.  They  should  pick  it  out  with  an  instrument,  a  knife.  We 
do  not  give  them  the  knife. 


376  AppE]?rDix  II 

Q.  Do  von  know  if  they  crack  the  nuts  with  their  teeth  ? 
A.  They  should  not  do  that.  I  do  not  know  whether  they  do 
or  not." 

Second    Keport,    Factory    Investigating    Commission, 
Volume  I,  p.  103. 

Investigators  of  the  Commission  found  that  in  most  cases  the 
nuts  were  cracked  with  the  teeth  and  picked  out  with  the  fingers 
and  no  instrument  used. 

The  Commission  summed  up  the  results  of  this  phase  of  the  in- 
vestigation in  its  report  when  it  said : 

"  It  seems  evident  that  homework  is  a  danger  to  the 
health  of  the  community  and  that  the  effort  to  maintain 
proper  sanitary  conditions  is  so  herculean  a  task  as  to  be 
wholly  illusory  as  a  safeguard  of  public  health." 

Second    Report,    Factory    Investigating    Commission, 
Volume  I,  p.  103. 

Other  Evils  of  Tenement  House  Manufacturing. 

Another  great  evil  of  tenement  house  manufacturing  was  the 
facrt  that  it  made  legally  possible  the  work  of  little  children  in 
manufacturing  pursuits  at  home,  when  the  law  rigidly  excludes 
tiiem  from  such  occupations  in  the  factories.  Children  as  young 
as  five,  six,  and  seven  years  of  age  were  found  doing  this  work 
One  little  girl,  aged  7,  testified  that  she  worked  until  eight  o'clock 
in  the  evening. 

The  hours  of  labor  for  women  who  worked  in  tenements  for 
factories,  were  entirely  unrestricted.  Section  77  of  the  Labor 
Law  prohibits  women  from  working  in  a  factory  more  than  nine 
hours  in  any  day  or  more  than  fifty-four  hours  in  a  week.  The 
manufacturer  can  escape  this  provision  if  he  makes  a  tenement 
work  room  a  branch  of  his  factory.  A  home  in  which  manu- 
facturing is  carried  on  is  not  a  factory  in  the  eyes  of  the  law, 
and  the  fifty-four  hour  law  does  not  apply  to  work  done  in  tene- 
ments. 


Beiefs  Submitted  by  Commission  377 

Bills  Recommended  by  the  Commission 

In  view  of  these  findings  the  recommendations  of  the  Commis- 
sion were  most  conservative  in  character.  They  were  embraced 
under  the  following  heads : 

1.  Prohibition  of  the  employment  of  children  under  fourteen 
years  of  age  in  tenement  house  work.  (It  was  felt,  however,  that 
no  system  of  inspection  to  which  the  State  could  resort,  would 
effectually  prevent  such  employment.) 

2.  Immediate  prohibition  of  work  for  factories,  in  living  apart- 
ments of  tenement  houses,  on  all  articles  likely  to  become  con- 
taminated, and  therefore  injurious  to  public  health ;  or  on  articles 
from  which  it  is  clear  that  disease  may  be  communicated. 

Under  the  second  head  the  Commission  recommended  a  bill, 
which  resulted  in  the  enactment  of  Section  104  of  the  Labor  Law 
(Chapter  260  of  the  Laws  of  1913,  taking  effect  October  1,  IQIS), 
the  constitutionality  of  which  is  the  subject  of  controversy  in  this 
action,  as  follows : 

§  104.  Manufacturing  of  certain  articles  in  tenements  pro- 
hibited.—  No  article  of  food,  no  dolls  or  dolls'  clothing  and 
no  article  of  children's  or  infants'  wearing  apparel  shall  be 
manufactured,  altered,  repaired  or  fijaished,  in  whole  or  in 
part,  for  a  factory,  either  directly  or  through  the  instrumen- 
tality of  one  or  more  contractors  or  other  third  person,  in  a 
tenement  house,  in  any  portion  of  an  apartment,  any  part  of 
which  is  used  for  li\TLng  purposes. 

The  -Commission  respectfully  submits : 

1.  That  the  enactment  of  this  law  is  a  valid  exercise  of  th« 
police  power  of  the  State  for  the  protection  of  the  health  and  wel- 
fore  of  its  citizens. 

2.  That  the  classification  in  the  law  is  a  reasonable  one,  and 
one  that  may  properly  be  made  by  the  Legislature. 

3.  That  the  ease  of  In  re  Jacobs  (98  N.  Y.  p.  98),  is  distin- 
guished from  the  case  at  bar  in  several  important  respects,  and  id 
in  no  way  decisive  upon  the  Court  in  this  action. 


378  Appendix  II 

POINT  I. 

SECTION  104  OF  THE  LABOR  LAW  (CONSIDERED 
APART  FROM  THE  DECISION  IN  THE  JACOBS  CASE) 
IS  CONSTITUTIONAL,  AS  BEING  A  VALID  EXERCISE 
OF  THE  POLICE  POWER. 

People  V.  Havnor,  149  N.  Y.  195,  200. 

People  V.  Ewer,  141  N.  Y.  129-132. 

Tenement  House  Department  v.  Moeschen,  179  N.  Y. 

325. 
Barbier  v.  Connolly,  113  U.  S.  27-31. 
Mugler  V.  Kansas,  123  U.  S.  623. 
Noble  State  Bank  v.  Haskell,  219  U.  S.  104. 

Section  104  of  the  Labor  Law  bears  a  direct  relation  to  the 
health  and  welfare  of  the  community,  and  as  such  is  clearly  within 
the  police  power  of  the  State.  That  manufacturing  in  tenements 
is  carried  on  in  unsanitary  surroundings  and  under  conditions 
tha:  breed  disease,  is  clearly  established  by  the  official  reports  of 
the  Factory  Commission,  of  which  this  Court  may  take  judicial 
notice. 

Muller  V.  Oregon,  208  U.  S.  412. 

The  report  of  the  Commission  shows  also  the  great  danger  that 
exists,  due  to  the  work  being  carried  on  in  the  presence  of  con- 
tagious disease,  and  shows  that  adequate  supervision  by  the  State 
over  manufacturing  in  tenements  is  difficult,  if  not  almost  impos- 
sible. The  dangers  to  the  health  of  the  public  using  the  products 
thus  manufactured  are  most  serious. 

The  act  in  question  is  a  very  reasonable  one.  It  aims  at  the 
least  possible  interference  with  the  liberty  of  the  individual.  It 
is  limited  in  the  following  respects: 

1.  It  applies  to  work  done  only  for  a  factory. 

The  prohibition  is  aimed  not  at  the  tenement  house  dweller  but 
at  the  factory  ovsmer,  to  whom  the  state  says :  "  We  will  not  per- 
mit you  to  make  the  tenement  home  a  branch  of  your  factory  and 
thus  escape  the  supervision  and  control  over  sanitary  conditions 
to  which  the  factory  work  room  is  subject." 


Briefs  Submitted  by  Commission  379 

2.  It  is  limited  to  work  done  in  the  living  apartments  of 
tenements. 

3.  The  prohibition  is  limited  to  those  articles  which  bear  a 
direct  relation  to  the  public  health  and  which  are  most  liable  to 
become  contaminated  or  to  be  the  agency  of  a  spread  of  disease, 
viz. :  food  products  and  infants'  and  children's  toys  and  wearing 
apparel. 

Food  product  manufactories  are  subject  to  the  closest  super- 
vision of  state  and  city  and  even  federal  authorities,  and  this 
supervision  is  entirely  lost  if  the  work  is  carried  on  in  living 
apartments  in  tenement  houses.  JSTauseating  details  with  ref- 
erence to  nut  picking  as  carried  on  in  tenement  houses  are  set 
forth  in  the  Factory's  Commission's  reports  on  the  subject  already 
cited.     Such  conditions  should  not  be  tolerated  by  the  state. 

The  second  prohibition  is  aimed  at  the  manufacture  of  infants' 
and  children's  clothing  and  wearing  apparel.  Children  are  the 
special  wards  of  the  state  and  entitled  to  the  greatest  protection 
at  its  hands.  They  are  easily  susceptible  to  the  contagious  dis-r 
eases  which  the  Commission's  investigators  frequently  found  to 
exist  in  rooms  in  which  clothing  and  dolls  were  manufactured  or 
finished. 

Taking  into  consideration  the  evil  conditions  that  were  dis- 
closed, the  act  in  question  is  most  conservative  and  reasonable  and 
deals  only  with  such  matters  as  have  a  direct  connection  with  the 
health  and  welfare  not  only  of  the  workers  in  tenement  homes,  but 
of  the  public  who  consume  the  products  therein  manufactured  or 
prepared. 

For  the  Courts  to  set  aside  an  act  of  this  character  it  mus^ 
appear  beyond  a  reasonable  doubt  that  the  legislative  act  has  no 
substantial  relation  to  the  protection  or  conservation  of  public 
health,  morals,  or  welfare. 

Ogden  V.  Saunders,  12  Wheat.  (U.  S.),  270. 

Otis  V.  Parker,  187  U.  S.  606. 

Jacobson  v.  Massachusetts,  197  U.  S.  11-31. 

People  V.  King,  110  N.  Y.  418. 

People  ex  rel.  Nechamcus  v.  Warden,  etc.,  144  N.  Y. 
529-535. 


380  Appendix  II 

In  the  case  of  Otis  v.  Parker,  187  U.  S.  606,  Mr.  Justice 
Holmes  voices  the  same  idea,  when  he  says  on  pages  608  and  609, 
as  follows: 

"  While  the  Conrts  must  exercise  a  judgment  of  their  own, 
it  by  no  means  is  true  that  every  law  is  void  which  may  seem 
to  the  judges  who  pass  upon  it,  excessive,  unsuited  to  its 
ostensible  end,  or  based  upon  conceptions  of  morality  with 
which  they  disagree.  Considerable  latitude  must  be  allowed 
for  differences  of  view,  as  well  as  for  possible  peculiar  con- 
ditions which  this  Court  can  know  but  imperfectly,  if  at  all. 
Otherwise,  a  constitution,  instead  of  embodying  only  rela- 
tively fundamental  rules  of  right,  as  generally  understood  by 
all  English-speaking  communities,  would  become  the  parti- 
san of  a  particular  set  of  ethical  or  economical  opinions, 
which  by  no  means  are  held  semper  nhique  et  ah  omnibus/' 

In  the  case  of  Jacobson  v.  Massachuseits,  cited  supra,  Mr. 
Justice  Hablan  said : 

"  Upon  what  sound  principle  as  to  the  relations  existing 
between  the  different  departments  of  government  can  the 
Court  review  this  action  of  the  legislature  ?  If  there  is  any 
such  power  in  the  judiciary  to  review  legislative  action  in 
respect  of  a  matter  affecting  the  general  welfare,  it  can  only 
be  when  that  which  the  legislature  has  done  comes  within  the 
rule  that,  if  a  statute  purporting  to  have  been  enacted  to  pro- 
tect the  public  health,  the  public  morals,  or  the  public  safety, 
has  no  real  or  substantial  relation  to  those  objects,  or  is,  be- 
yond all  question,  a  plain,  palpable  invasion  of  rights  secured 
by  the  fundamental  law,  it  is  the  duty  of  the  Courts  to  so 
adjudge,  and  thereby  give  effect  to  the  constitution." 

The  facts  showing  this  act  to  be  a  health  measure  pure  and 
simple,  were  gathered  after  painstaking  and  scientific  investiga- 
tion by  an  impartial  and  official  body,  and  should  be  given  due 
weight  by  the  Court. 


Briefs  Submitted  by  Commission  381 

POmT  II. 

THE  CLASSIFICATION  OF  THE  ACT  IS  REASON- 
ABLE AND  DOES  NOT  DENY  TO  THE  DEFENDANT 
THE  EQUAL  PEOTECTION  OF  THE  LAW. 

People  ex  rel.  Armstrong  v.  Warden,  183  N.  Y.  223. 
Barbier  v.  Connolly,  113  U.  S.  27. 
■Soon  Hing  v.  Crowley,  113  U.  S.  703. 

In  Soon  Hing  v.  Crowley,  cited  supra,  Mr.  Justice  Fields 
says  (p.  70.9) : 

"  The  discriminations  which  are  open  to  objection  are 
those  where  persons  engaged  in  the  same  business  are  sub- 
jected to  different  restrictions,  or  are  held  entitled  to  differ- 
ent privileges,  under  the  same  conditions.  It  is  only  then 
that  the  discrimination  can  be  said  to  impair  that  equal  right 
which  all  can  claim  in  the  enforcement  of  the  laws." 

The  Commission  in  its  report  recommended  the  immediate 
prohibition  of  the  manufacture  in  any  living  apartment  of  a  tene- 
ment house  of  food  products,  dolls  and  dolls'  clothes,  and  of 
infants'  and  children's  wearing  apparel. 

The  investigations  that  were  conducted  showed  that  such  restric- 
tion was  plainly  called  for  in  the  interests  of  public  health.  The 
classification  is  a  most  reasonable  one,  and  under  the  authorities 
cited  is  one  well  within  the  power  of  the  Legislature  to  make. 
Food  products  are  much  more  liable  to  contamination  than  others, 
and  their  preparation  under  entirely  sanitary  and  hygienic  con- 
ditions is  a  matter  absolutely  necessary  to  the  public  health. 
Infants  and  children  are  more  susceptible  than  adults  to  con- 
tagious diseases,  and  it  is  intolerable  that  the  manufacture  of  gar- 
ments and  other  articles  to  be  worn  by  them,,  or  which  they  play 
with,  should  be  permitted  under  circumstances  that  may  tend  to 
spread  disease.  The  many  reports  of  work  done  in  homes  in  which 
there  were  cases  of  scarlet  fever,  diphtheria,  and  measles  prove 
that  this  danger  to  children  is  a  serious  one. 


382  Appendix  II 

POINT  III. 

THE  DECISION  IN  THE  JACOBS  CASE  IS  NOT  DE- 
CISIVE OF  THE  CASE  AT  BAK. 

A.  The  case  at  bar  is  distinguished  fkom  the  Jacobs  case 

IN   MANY  IMPORTANT  RESPECTS. 

The  case  of  In  re  Jacobs  (98  N.  Y.,  p.  98)  is  no  authority  for 
holding  section  104  of  the  Labor  Law  to  be  unconstitutional.  The 
Jacobs  case  held  unconstitutional  an  act  which  forbade  the  manu- 
facture of  tobacco  products  in  tenement  houses  in  cities  having  a 
population  of  over  500,000.  The  decision  was  in  express  tei-ms 
based  upon  the  ground  that  the  act  was  not  a  health  measure  and 
not  passed  in  the  interests  of  public  health.  The  Court  relied  upon 
evidence  which  they  claimed  justified  this  finding.  The  Board  of 
Health  of  the  City  of  New  York  had  officially  declared,  after 
careful  investigation,  "  that  the  health  of  the  tenement  population 
is  not  jeopardized  by  the  manufacture  of  cigars  in  those  houses ; 
that  this  bill  is  not  a  sanitary  measure,  and  that  it  has  not  been 
approved  by  this  board." 

Presiding  Justice  Davis  said : 

"  If  the  Act  were  general  and  aimed  at  all  tenement  houses 
and  prohibited  for  sanitary  reasons  the  manufacture  of 
cigars  and  tobacco  in  all  such  buildings,  or  if  it  prohibited 
such  manufacture  in  the  living  rooms  of  all  tenants  another 
case  would  be  presented."  (In  re  Jacobs^  33  Hun,  374, 
382.) 

The  measure  the  Commission  recommended  differs  from  the 
act  as  construed  by  the  Court  in  the  Jacobs  case  in  the  following 
important  particulars : 

Ist.   It  is  to  apply  to  all  tenement  houses  throughout  the  State. 

2d.  It  is  limited  in  its  application  to  apartments  used  for  living 
purposes. 

3d.  It  is  essentially  a  health  measure  necessary  for  sanitary 
reasons  and  in  the  interests  of  the  public  health;  that  fact  is 
proved  convincingly  by  the  testimony  heard  by  the  Commission 
and  by  the  results  of  its  own  investigations. 


Briefs  Submitted  by  Commission  383 

4th.  It  is  limited  to  work  done  for  a  factory;  that  is,  it  prohib- 
its the  use  of  a  living  apartment  in  a  tenement  house  as  a  branch 
of  a  factory  in  the  preparation  and  manufacture  of  products 
having  an  intimate  relation  to  the  public  health. 

Thus  the  act  in  this  case  differs  in  material  respects  from  the 
act  under  consideration  by  the  Court  in  the  Jacobs  case. 

"  Difference  of  degree  is  one  of  the  distinctions  of  which 
the  right  of  the  Legislature  to  exercise  the  police  power  is 
determined." 

Holmes,  J.,  Rideout  v.  Knox,  148  Mass.,  368,  372. 

B.  In  ant  event,  the  Court  is  not  bound  by  the  decision 
IN  THE  Jacobs  case. 

The  doctrine  of  stare  decisis  does  not  apply  in  cases  involving 
the  police  power.  The  limits  of  that  power  are  undefined  and 
change  with  varying  conditions. 

"  It  may  be  said  in  a  general  way  that  the  police  power 
extends  to  all  the  great  public  needs.  Camfield  v.  United 
States,  167  U.  S.  518;  42  L.  ed.  260;  17  Sup.  Ct.  Rep.  864. 
It  may  be  put  forth  in  aid  of  what  is  sanctioned  by  usage,  or 
held  by  the  prevailing  morality  or  strong  and  preponderant 
opinion  to  be  greatly  and  immediately  necessary  to  the  public 
welfare."  (Holmes,  J.,  in  Koble  State  Bank  v.  Haskell,  219 
U.  S.,  p.  104.) 

The  sole  question  before  the  Court  is  whether  or  not  the  present 
act  is  a  health  measure.  The  views  entertained  by  a  Court  con- 
cerning a  somewhat  similar  act  fifteen  or  twenty  years  ago  should 
not  be  decisive.  The  attitude  of  the  public  and  of  the  Courts  on 
these  matters  of  social  reform  and  improvement  have  changed 
greatly  within  the  past  two  decades.  Law  is  a  progressive  science. 
What  was  considered  an  imdue  interference  with  the  individual 
then,  is  to-day  recognized  as  a  proper  regulation  by  the  State.  Tha 
strong  individualistic  tendencies  of  the  period  when  the  Jacobs 
case  was  rendered  have  given  way  to  an  appreciation  of  the  rights 
of  society  as  a  whole  and  to  the  necessity  for  its  protection  and 
preservation. 


3S4  Appendix  II 

If  the  Court  of  Appeals,  when  it  had  the  Jacobs  case  before 
it  for  consideration,  had  the  benefit  of  a  thorough  and  impartial 
investigation,  it  might  even  then  have  determined  that  manufac- 
turing of  tobacco  products  in  tenement  houses  was  unhealthfuL 
However  that  may  be,  it  is  clearly  established  to-dav,  and  the  facts 
are  before  the  Court  for  consideration,  that  manufacturing  of  food 
products  and  of  infants'  and  children's  wearing  apparel  in  a  liv- 
ing apartment  of  a  tenement  house,  constitutes  a  direct  menace 
to  the  public  health,  and  whatever  views  the  Court  may  have 
entertained  on  this  subject  twenty  years  ago,  are  of  no  direct 
concern  now. 

The  Jacobs  case  should  not  be  permitted  to  stand  in  the  way  of 
progress  and  of  an  improvement  in  conditions  now  shown  to  be 
essential.  Unfortunately,  whenever  an  attempt  has  been  made 
to  correct  the  evils  of  tenement  house  manufacturing,  the  Jacobs 
case  has  been  held  up  as  a  bar.  The  Factory  Commission  did  not 
believe  this  to  be  so,  and  recommended  the  law  now  before  the 
Court  for  consideration,  in  the  hope  and  expectation  that  its  con- 
stitutionality would  be  sustained  as  an  act  designed  in  the  interests 
of  the  health  and  welfare  of  the  community,  and  for  the  benefit 
of  humanity,  and  one  that  has  a  direct  connection  with  the  object 
to  be  attained  and  is  most  reasonable  in  its  applicaition. 


Briefs  Submitted  by  Commission  385 

POINT  IV. 

The  judgment  of  conviJction  appealed  from  should  be 
affirmed. 

Respectfully  submitted, 

ABRAM  I.  ELKUS, 
ROBERT  F.  WAGNER, 
BERNARD  L.   SHIENTAG, 

Counsel  for  the  New  York  State  Factory  Investigating 
Commission,  as  Amicus  Cilriae. 

Vol.  1  —  13 


APPENDIX  III 


1.  Memokanda  on  the  Relationship  between   Low  Wages 

AND  THE  Vice  Problem. 

2.  Questionnaire  on  the  Wage  Problem  and  Replies  Re- 

ceived. 

3.  Minimum  Wage  Symposium. 

4.  Memoranda   on   the   Relationship   between   Wages   and 

Industrial  Education. 

5.  Tentative  Plan  and  Bill  with  Reference  to  Consolida- 

tion OF  Departments  Inspecting  Buildings  in  I^ew 
York  City. 

6.  List  of  Questions  on  the  Fire  Hazard  in  Mercantile 

Establishments. 

7.  Study  of  Hotel  Laundries. 


[387] 


I.  MEMORANDUM   ON  THE   RELATIONSHIP  BE- 
TWEEN  LOW  WAGES   AND  THE   VICE 
PROBLEM 

On  May  29,  1914,  the  Commission  issued  a  letter  asking  for  a 
memorandum  on  the  relationship  between  low  wages  and  the  vice 
problem  and  immorality  among  women,  what  effect  a  living  wage 
would  have  on  that  problem  and  the  advisability  of  enacting 
minimum  wage  legislation.  The  letter  was  sent  to  a  small  group 
of  men  and  women,  well  qualified  to  speak  with  authority  because 
of  their  deep  interest  and  knowledge,  obtained  through  many 
years  of  experience  and  study  in  these  matters.  The  following 
have  submitted  statements : 

De.  Katherine  B.  Davis, 

Commissioner  of  Corrections  of  New  York  City, 
formerly  Superintendent  of  the  Bedford  Reform- 
atory for  Women,  New  York. 

Martha  P.  Falconer, 

Superintendent,  Girls'  Department  of  the  Glen 
Mills  Schools,  Sleighton  Farms,  Darling,  Pa. 

Dr.  Abraham  Flexner, 

Assistant  Secretary,  General  Education  Board. 

George  J.  Kneeland, 

Director,  Department  of  Investigation,  American 
Social  Hygiene  Association,  Director  of  Vice 
Investigations. 

Maude  E.  Miner, 

Secretary,  New  York  Probation  and  Protective 
Association. 

James  Bronson  Reynolds, 

Counsel,  American  Social  Hygiene  Association. 

Mary  K.  Simkhovitch, 
Director,  Greenwich  House,  New  York  City. 

Frederick  H.  Wiiitin, 

General  Secretary,  The  Committee  of  Fourteen, 
New  York  City. 

[389] 


390  Appendix  III 

I. 

Statement  of  Katharine  B.  Davis. 

I  am  sorry  indeed  to  have  delayed  so  long  in  writing  you 
concerning  the  relation  between  low  wages  and  crime,  but  I  have 
been  driven  beyond  the  limits  of  the  twenty-four  hours  in  the 
day  to  get  the  things  done  which  require  doing.  Even  now  I 
cannot  write  at  length  upon  the  subject. 

My  experience  of  thirteen  years  in  dealing  with  women  prison- 
ers has  led  me  to  believe  that  the  problem  of  low  wages  and  crime 
is  much  more  fundamental  than  we  are  apt  to  consider  it.  I  do 
not  feel  prepared  to  speak  with  authority  on  the  question  so  far 
as  men  are  concerned,  for  I  have  never  made  a  special  study  of 
that  phase  of  the  question. 

In  my  chapter  in  the  book  entitled  "  Commercialized  Vice  in 
New  York  City,"  I  give  some  results  of  a  study  of  the  histories 
of  over  2,000  prostitutes.  Not  all  of  these  women  were  com- 
mitted to  the  institution  for  prostitution.  The  study  shows  that 
so  far  as  authentic  data  go,  this  group  of  law-breakers  are  drawn 
for  the  most  part  from  the  unskilled  trades.  Their  earning 
capacity  is  normally  low  and  in  many  instances  there  is  little 
hope  of  developing  it.  It  would  seem  to  me  a  very  difficult 
proposition  to  establish  a  minimum  wage  for  the  labor  of  this 
class.  Even  with  such  a  wage  established,  I  fear  it  would  not 
tend  to  keep  the  women  out  of  the  life  of  crime.  The  trouble 
goes  farther  back  than  the  individual  girl.  She  is  what  she  is 
in  many  instances,  as  the  tables  and  comments  therein  show  in 
the  study  to  which  I  refer,  as  a  result  of  low  standards  of  living 
in  the  family,  these  standards  being  the  result  of  low  wages. 
Very  few  women  have  ever  told  me  that  they  entered  upon  a  life 
of  crime  because  they  could  not  earn  their  bread  and  butter ;  very 
many  have  told  me  that  they  were  not  able  to  earn  the  things 
they  wanted.  With  the  women  who  belong  to  the  skilled  trades, 
the  offense  is  more  likely  to  be  of  a  financial  character,  due  to 
the  fact  tliat  the  girl's  desires  were  greatly  in  excess  of  her  earn- 
ing capacity. 

Home  surroundings,  opportunities  for  self-development,  train- 
ing as  a  child,  regular  attendance  at  school,  and  a  trade  educa- 


Memoranda  on  Vice  Problem  391 

tion  are  only  possible  to  children  whose  parents  are  in  decent 
circumstances.  The  question  is  how  to  raise  the  standards  all 
along  the  line.  In  my  judgment,  we  must  begin  with  the  skilled 
laborer,  fixing  minimum  wages  first  in  the  more  highly  skilled 
trades  and  coming  down  along  the  line  after  minimum  wages 
have  been  established  in  these.  We  will  never  be  able  to  find 
employers  who  will  be  willing  to  pay  wages  in  advance  of  earn- 
ing capacity,  and  the  adoption  of  minimum  wages  in  all  trades 
and  for  all  classes  of  labor,  skilled  and  unskilled,  will  only  be 
possible  as  we  greatly  increase  the  capacity  of  the  workers.  It 
is  something  like  the  old  question  as  to  which  comes  first  —  the 
egg  or  the  chicken.  A  very  large  proportion  of  the  women  I  have 
known  who  have  broken  the  law  were  not  worth  economically 
any  more  than  they  were  earning  at  the  time  of  the  commission 
of  the  crime.  The  exceptions  were  those  whom  I  have  referred 
to  as  being  skilled  workers  earning  decent  wages,  somtimes  as  high 
as  $25  a  week,  who  wanted  luxuries  beyond  their  earning  power. 

I  am  perfectly  aware  that  there  is  a  very  serious  connection 
between  periods  of  unemployment  and  increase  in  the  popula- 
tion of  our  penal  institutions.  This  increase  is,  however,  for 
the  most  part,  as  in  the  case  of  women,  made  up  of  unskilled  work- 
men at  the  bottom  of  the  line.  There  are,  of  course,  exceptions 
to  these.  I  feel  sure  that  in  the  case  of  our  men  prisoners  the 
relationship  between  low  wages  and  crime  is  not  very  different 
from  what  it  is  among  women.  We  have,  however,  in  the  case  of 
men  a  larger  percentage  of  those  who  commit  the  more  serious 
crimes,  and  a  very  much  larger  percentage  of  those  who  commit 
financial  crimes. 

I  would  be  very  glad  if  you  would  read  my  chapter  in  Mr. 
Kneeland's  book  which  is  published  by  the  Century  Company.  I 
am  sending  you  a  copy.  The  statistical  tables  will  show  you  the 
result  of  our  study. 


392  Appendix  III 

II- 

Statement  of  Mabtha  P.  Falcojs^ek. 

In  any  consideration  of  the  question  of  low  wages  and  the  vice 
problem,  we  must  take  into  consideration  the  poor  training  which 
many  of  our  girls  have  received,  especially  in  the  communities 
outside  of  the  larger  cities,  where  there  is  very  little,  if  any,  effort 
made  to  enforce  the  Compulsory  Educational  Law. 

In  most  of  the  mining  districts  where  the  boys  are  engaged  in 
the  breakers,  there  are  many  silk  mills  and  knitting  mills  offering 
employment  to  the  girls,  and  in  many  of  the  districts  in  Pennsyl- 
vania, there  is  very  little  social  conscience  and  no  organized  effort 
to  keep  these  children  in  school  until  fourteen  years  of  age  at 
least,  and  the  school  offers  very  little  practical  training  to  fit  these 
girls  to  earn  their  own  living.  If  we  are  going  to  try  to  establish 
a  minimum  wage,  we  must  also  raise  the  standard  of  efficiency 
and  demand  more  of  our  schools  in  the  rural  communities  and 
industrial  centers  —  more  industrial  training  for  both  the  boys 
and  the  girls.  The  school  work  must  be  made  more  attractive  to 
them. 

My  point  of  view  is  that  of  the  Superintendent  of  the  State 
Reformatory,  with  over  eight  hundred  girls  in  our  care.  Every 
girl  has  been  committed  by  the  court,  from  the  various  parts  of 
Pennsylvania.  As  I  talk  with  the  new  girl  when  she  first  comes, 
and  learn  that  she  has  dropped  out  of  school  at  eleven  and  twelve 
years  of  age  because  she  "  did  not  like  it  "  or  "  mother  needed  the 
money,"  I  realize  that  the  community  has  a  duty  toward  those 
girls,  first,  by  trying  to  have  the  school  interpret  life  to  these 
girls  in  a  more  practical  way,  and  then  to  enforce  the  laws.  This, 
of  course,  applies  to  the  girls  outside  of  Philadelphia  and  other 
large  cities. 

In  connection  with  the  work  of  the  Philadelphia  Vice  Commis- 
sion, we  learned  that  many  of  the  girls  who  were  drifting  into 
prostitution,  came  from  the  smaller  towns,  seeking  excitement. 
They  have  been  working  for  wages  as  low  as  $2.50  per  week. 
Most  of  them  are  inefiicient — many  of  them  of  low  mentality. 
It  would  be  wrong,  I  l^lie\''e,  to  establish  a  minimum  wage  with- 
out taking  into  consideration  the  enforcement  of  better  educa- 
tional work. 


]\rE:srORANDA    ON    ViCE    PROBLE:\r  303 

The  commuuitj  also  lias  a  duty  in  this  regard,  especially  the 
women  belonging  to  the  leisure  class,  in  the  lavish  expenditure 
which  the  girl  in  the  shop  sees  whenever  she  comes  in  contact 
with  the  women  of  wealth.  The  extravagant  and  inappropriate 
way  of  dressing  when  on  the  street  or  shopping,  makes  me  feel 
that  we  all  of  us  need  to  work  for  simpler  standards  of  living 
in  order  to  set  an  example  for  the  working  girl.  The  more  money 
she  earns,  tlie  more  she  will  wish  to  spend  upon  her  dress,  and  if 
she  cannot  earn  this  in  one  way,  it  is,  unfortunately,  too  easy  for 
her  to  earn  it  in  another.  When  we  can  set  ihese  girls  a  better 
example  and  make  it  easier  for  young  men  to  marry  on  small 
incomes,  we  will  go  a  long  way  toward  helping  solve  the  question 
of  prostitution.  I  believe  that  the  low  wage  is  a  factor  in  the 
question  of  prostitution.  The  girl  who  is  working  for  $2.50  or 
$4.50  per  week  and  must  give  most  of  this  to  her  parents  to  help 
keep  the  family  together,  is  naturally  going  to  find  other  ways  of 
earning  money  for  her  clothing  and  recreation.  Better  wages 
alone  cannot  help  unless  we  can  enforce  compulsory  educational 
laws  and  rouse  the  community  to  providing  recreation. 

The  girls  are  careless  and  heedless  in  their  work.  Many  of 
them  who  are  drifting  into  prostitution  could  not  be  made  efficient 
through  any  more  training.  We  should  not  try  to  establish  the 
minimum  wage  until  we  can  persuade  the  State  to  take  care  of 
the  mentally  deficient,  and  then  to  give  the  brighter  girls  more 
training  and  a  better  equipment. 

I  realize  that  this  condition  does  not  apply  to  many  states. 
Pennsylvania  has  passed  legislation  to  create  a  colony  for  feeble- 
minded women,  but  at  the  present  time,  there  is  no  place  in  the 
central  or  eastern  part  of  Pennsylvania  where  the  defective  de- 
linquent may  be  sent  witli  the  exception  of  one  cottage  at  Spring 
City,  which  can  care  for  a  few.  If  we  are  going  to  try  to  estab- 
lish a  minimum  wage,  let  us  at  the  same  time  insist  upon  in- 
dustrial training  in  our  rural  schools  and  the  enforcement  of 
compulsory  educational  law. 

The  establishment  of  a  minimum  wage  for  girls  would  only 
help  in  part  in  the  mining  districts  where  so  many  men  lose  life 
and  limb  and  at  the  present  time,  no  private  or  public  agency 
is  adequately  trying  to  meet  the  situation  of  keeping  the  family 
together.     The  burden  of  family  support  should  not  be  placed 


394  Appendix  III 

upon  the  young  girls  of  the  family.  Usually  working  in  silk 
mills,  these  girls  are  all  living  at  home,  trying  to  help  the  family 
budget  with  their  meager  salaries.  If  they  earn  more,  as  the 
competent  ones  should,  more  would  be  expected  of  them  to  help 
support  the  family.  This  would  not  meet  the  question  of  the 
natural  longing  for  recreation  and  adornment  which  lures  so 
many  of  them  into  an  immoral  life. 

In  the  rural  communities  W'here  the  girls  often  come  from 
Pennsylvania  Dutch  homes  to  work  in  tobacco  factories,  it  is  an 
entirely  different  situation.  The  mother  has  not  been  left  with, 
a  large  family  of  little  children  on  her  hands  because  the  father 
and  older  boys  have  lost  life  or  limb.  These  girls  come  from 
homes  of  thrift,  but  no  ideals.  The  schools  are  poor  —  often  short 
terms.  Education  is  not  considered  necessary  or  desirable  by 
many  of  the  men  in  such  a  community.  To  work  and  save  money 
is  the  thing  most  preached  and  lived.  If  the  untrained  girl  did 
earn  more  money,  more  would  be  expected  of  her  at  home. 

When  these  young  girls  from  the  mining  centers  and  rural 
communities  run  away  from  home  and  come  to  the  cities,  they 
cannot  earn  enough  to  support  themselves  in  a  respectable  way. 
We  must  keep  them  in  school  longer  and  give  them  better  train- 
ing while  there.  These  two  things  should  be  developed  with  vo- 
cational guidance  and  the  establishment  of  minimum  wage.  The 
girl  who  is  bright  and  trainable  should  get  a  better  education; 
the  mentally  deficient  must  have  custodial  care.  Now,  we  are 
treating  them  all  alike.  Outside  of  our  large  cities,  after  irregular 
attendance  in  schools  of  short  terms,  we  are  allowing  them  to 
drift  in  and  out  of  mills  and  factories,  incompetent,  irresponsible, 
becoming  a  menace  to  the  community  later. 

The  low  wage  is  a  factor  in  the  evil  of  prostitution.  Let  us 
try  to  keep  the  girl  from  rural  communities  and  small  towns 
away  from  the  large  cities  and  give  her  training  first  so  she  may 
have  greater  earning  capacity. 

I  realize  this  presents  only  one  phase  of  the  question,  but  it 
is  an  important  one. 


Memoranda  on  Vice  Problem  395 

III. 

Statement  of  Abraham  Flexner. 

My  knowledge  of  this  subject  is  limited  to  conditions  in  Great 
Britain  and  on  the  continent  of  Europe  and  is  based  on  a  pains- 
taking investigation  occupying  almost  a  year.  There  can  be  no 
question  that  prostitutes  come  from  what  may  be  called  the  lower 
classes,  economically  and  educationally  speaking.  It  does  not 
follow,  however,  that  low  wages  of  women  are  the  sole  or  the 
decisive  factor.  Careful  studies  have  been  made  of  large  groups 
of  prostitutes,  and  in  none  of  these  gToups  does  it  appear  that 
the  low  wages  of  the  women,  as  distinguished  from  the  other 
characteristics  of  their  milieu,  are  causally  responsible  for  the 
immoral  life.  For  example:  more  European  prostitutes  are  de- 
rived from  the  domestic  servant  class  than  from  any  other;  yet 
these  women  have  the  bare  living  which  would  be  assured  by  a 
minimum  wage.  I  do  not  mean  in  this  memorandum  to  take  any 
position  for  or  against  the  minimum  wage ;  I  wish  merely  to  point 
out  that  European  experience  gives  us  no  reason  to  believe  that  it 
would  effectually  prevent  prostitution. 

The  fact  is  that  in  so  far  as  prostitution  is  of  economic  origin 
it  would  appear  to  be  connected,  not  so  much  with  the  girl's  wage, 
as  with  the  wage  of  her  father,  and  the  family  income.  A  low 
family  income  is  attended  by  general  economic  pressure  with  the 
result  that  the  children  are  uneducated,  untrained  to  a  skilled 
occupation,  and  exposed  to  temptation  by  the  conditions  under 
which  they  live  and  get  their  enjoyment.  It  is  impossible  to 
say  under  just  what  circumstances  such  fatal  economic  pressure 
will  be  felt.  It  varies  from  family  to  family.  A  specific  income 
may  keep  a  given  family  under  dangerous  pressure;  while  the 
same  income  may  release  another  family  from  pressure.  This 
pressure  is,  of  course,  most  severe  where  there  is  actual  poverty; 
but  it  exists  to  a  greater  or  less  extent  wherever  needs  and  desires 
.run  beyond  the  limit  imposed  by  income  and  resources.  Even  so, 
however,  the  mere  fact  of  living  under  economic  pressure,  be  the 
pressure  great  or  little,  is  not  of  itself  conclusive.  Personal  and 
environmental  factors  of  almost  infinite  variety  play  an  essential 
part  in  almost  every  instance. 


396  Appendix  III 

The  subject  is  so  complicated  and  tlie  factors,  personal  and 
social,  so  numerous  that  a  brief  statement,  such  as  I  am  making, 
is  liable  to  convey  erroneous  impressions.  For  this  reason  I 
venture  to  suggest  that  this  statement  should  be  interpreted  in 
the  light  of  the  fuller  discussion  of  the  subject  contained  in 
Chapters  I,  II,  III  and  XI  of  my  recently  published  study  of 
"  Prostitution  in  Europe." 


Memoranda  on  Vice  Problem  397 

IV. 

Statement  of  George  J.  Kneeland, 

In  general  I  maintain  that  the  girls  who  are  employed  In 
industrial  pursuits  at  less  than  a  living  wage  are  as  fundamentally 
moral  as  their  more  fortunate  sisters  who  earn  higher  salaries,  or 
those  who  live  at  home  in  idleness. 

To  say  there  is  a  definite  and  traceable  connection  between 
the  wages  received  by  girls  and  their  professional  immorality  is 
absurd.  It  is  equally  absurd  to  say  there  is  no  connection.  We 
have  data  which  point  to  the  fact  that  the  majority  of  prostitutes 
under  investigation  committed  their  first  sexual  offense  before  or 
about  the  time  they  entered  the  industrial  world.  In  other  words, 
they  were  immoral  before  wages  entered  into  the  question.  They 
gave  themselves  for  pleasure,  from  a  desire  for  excitement,  for 
presents,  for  many  other  reasons,  prominent  among  which  was 
ignorant,  uncontrolled  sex  desire.  It  was  but  a  step  then  to  the 
taking  of  money,  when  the  requirements  of  their  false  standard  of 
living  made  them  discontented  and  discouraged. 

But  that  there  is  a  definite  economic  connection,  somewhere,  no 
one  can  gainsay.  We  will  find  it  when  we  study  the  home  life 
of  the  majority  of  girls  who  are  now  immoral,  but  who,  as  yet, 
have  not  taken  money  for  their  services. 

I  am  heartily  in  sympathy  with  any  movement  involving  legis- 
lation for  shortening  the  work  day  and  giving  a  living  wage  to 
girls  and  women  in  industry. 

We  have  said  so  often  that  girls  cannot  live  on  $7  or  $8  per 
week  that  they  are  beginning  to  believe  it  themselves,  and  are  eager 
to  give  this  as  an  excuse  for  immoral  conduct.  Society  must  make 
it  impossible  for  girls  to  give  this  excuse  any  longer. 

But  deeper  and  more  fundamental  is  the  necessity  ,for  a  higher 
wage  for  young  men  and  fathers  of  families.  For  the  first  to 
enable  them  to  marry  early  in  life,  and 'for  the  latter  so  that  the 
home  may  be  preserved  and  a  higher  standard  of  living  with  all 
its  moral  safeguards  be  maintained.  Wages  alone  will  not  do  this, 
but  a  father  who  is  able  to  maintain  a  home  where  he  can  give  his 
children  good  air,  and  light,  proper  food  and  clothing,  will  not 


398  Appendix  III 

neglect  altogether  to  give  them  religious  instruction  and  proper 
guidance. 

In  a  home  where  there  is  strife,  uncertainty  and  discontent, 
ethical  and  religious  ideals  are  relegated  to  the  background,  and 
the  disintegration  of  the  home  and  moral  laxity  on  the  part  of  the 
inmates  begin.  Girls  from  such  homes  are  not  necessarily  im- 
moral at  first,  but  unmoral.  They  place  no  value  on  their  virtue 
or  the  part  they  are  to  play  as  future  wives  and  mothers.  Under 
any  untoward  pressure,  many  take  the  easiest  way  and  give  flimsy 
excuses  for  so  doing,  as  varied  as  the  winds. 

Sufficient  wages  will  not  change  the  impulses  for  sex  expression, 
as  fundamental  as  life  itself  and  as  important,  but  the  blessings 
derived  from  moral  and  normal  healthy  environment,  which  can 
be  maintained  and  developed  under  proper  economic  conditions, 
will  have  a  strong  tendency  to  control  this  life  force  and  direct  it 
into  proper  and  right  channels.  When  this  life  force  is  diverted, 
for  any  cause,  it  results  in  immorality,  either  professional  or 
clandestine,  among  both  men  and  women. 

Dr.  Havelock  Ellis,  in  his  studies  in  the  Psychology  of  Sex, 
Volume  6,  brings  together  statistics  from  various  countries  under 
the  heading  of  "  Causes  of  Prostitution  ".  In  some  countries  the 
reasons  assigned  for  prostitutes  entering  their  careers  has  been 
estimated  by  those  who  come  closely  into  official  or  other  contact 
with  prostitutes.  In  other  countries,  it  is  the  rule  for  girls,  before 
they  are  registered  as  prostitutes,  to  state  the  reasons  for  which 
they  desire  to  enter  the  career. 

"  Parent-Duchatelet,  whose  work  on  prostitutes  in  Paris  is 
still  an  authority,  presented  the  first  estimate  of  this  kind.  He 
found  that  of  over  5,000  prostitutes,  1,441  were  influenced  by 
poverty,  1,425  by  seduction  of  lovers  who  had  abandoned  them, 
1,255  by  th^  loss  of  parents  from  death  or  other  causes.  By  such 
an  estimate,  nearly  the  whole  number  are  accounted  for  by  wretch- 
edness, that  is  by  economic  causes,  alone.  (See  De  La  Prostitu- 
tion, 1857,  Vol.  1,  p.  107.) 

"In  Brussels,  during  a  period  of  twenty  years  (1865-1884) 
3,505  women  v.'^ere  inscribed  as  prostitutes.  The  causes  they  as- 
signed for  desiring  to  take  to  this  career  present  a  different  picture 
from   that   shown   by   Parent-Duchatelet,   but   perhaps    a    more 


Memoranda  on  Vice  Problem  399 

reliable  one,  although  there  are  some  marked  and  curious  dis- 
crepancies. Out  of  the  3,505,  1,523  explained  that  extreme  pov- 
erty was  the  cause  of  their  degradation;  1,118  frankly  confessed 
that  their  sexual  passions  were  the  cause;  420  attributed  their 
fall  to  evil  company;  316  said  they  were  disgusted  and  weary  of 
their  work  because  the  toil  was  so  arduous  and  the  pay  so  small ; 
101  had  been  abandoned  by  their  lovers;  10  had  quarreled  with 
their  parents ;  7  were  abandoned  by  their  husbands ;  4  did  not  agree 
with  their  guardians ;  3  had  family  quarrels ;  2  were  compelled  to 
prostitute  themselves  by  their  husbands,  and  1  by  her  parents 
(Lancet  — June  28,  1890,  p.  1442). 

"  In  London,  Merrick  found  that  of  16,022  prostitutes  who 
passed  through  his  hands  during  the  years  he  was  Chaplain  at 
Millbank  Prison,  5,061  voluntarily  left  home  or  situation  for  a 
Mife  of  pleasure';  3,363  assigned  poverty  as  the  cause;  3,154 
were  'seduced'  and  drifted  on  to  the  street;  1,638  were  betrayed 
by  promises  of  marriage  and  abandoned  by  lovers  and  relations. 
On  the  whole,  Merrick  states,  4,790,  or  nearly  one-third  of  the 
whole  number,  may  be  said  to  owe  the  adoption  of  their  career 
directly  to  men,  11,232  to  other  causes.  He  adds  that  of  those 
pleading  poverty,  a  large  number  were  indolent  and  incapable 
(G.  P.  Merrick,  Work  Among  the  Fallen,  p.  38). 

"  Logan,  an  English  city  missionary  with  an  extensive  acquaint- 
ance with  prostitutes,  divided  them  into  the  following  gi-oups: 

1.  One-fourth  servants,  especially  in  public  houses,  beer  shops, 
etc.,  and  thus  led  into  the  life. 

2.  One-fourth  come  from  factories,  etc. 

3.  Nearly  one-fourth  are  recruited  by  procuresses  who  visit 
country  towns,  markets,  etc. 

4.  A  final  group  includes,  on  the  one  hand  those  who  are  in- 
duced to  become  prostitutes  by  destitution,  or  indolence,  or  a  bad 
temper,  which  unfits  them  for  ordinary  avocations,  and,  on  the 
other  hand  those  who  have  been  seduced  by  a  false  promise  of 
marriage  (W.  Logan,  The  Great  Social  Evil,  1871,  p.  53). 

"In  Italy  in  1881,  among  10,442  inscribed  prostitutes  from 
the  age  of  seventeen  upwards,  the  causes  of  prostitution  were 
classified  as  follows: 


400  Appendix  III 

Vice  and  depravity,  2,752;  death  of  parents,  husband,  etc., 
2,139;  seduction  by  lover,  1,653;  seduction  by  employer,  927; 
abandoned  by  parents,  husbands,  etc.,  794;  love  of  luxury,  698; 
incitment  by  lover  or  other  persons  outside  family,  666 ;  incite- 
ment by  parents  or  husbands,  400 ;  to  support  parents  or  children, 
393.     (Ferriani,  Minorenui,  Delinquenti,  p.  193.) 

"  The  reasons  assigned  by  Russian  prostitutes  for  taking  up 
their  career  are  (according  to  Federow)  as  follows: 

Insufficient  wages,  38.5  per  cent ;  desire  for  amusement,  21 
per  cent. ;  loss  of  place,  14  per  cent. ;  persuasion  by  women  friends, 
9.5  per  cent. ;  loss  of  habit  of  work,  6.5  per  cent. ;  chagrin,  and  to 
punish  lover,  5.5  per  cent. ;  drunkenness,  .5  per  cent.  (Sum- 
marized in  Archives  d' Anthropologic  Criminelle,  Nov.  15,  1901), 

"  In  America  Sanger  has  reported  on  two  thousand  New  York 
prostitutes  as  follows : 

Destitution,  525 ;  inclination,  513 ;  seduced  and  abandoned, 
258 ;  drink  and  desire  for  drink,  181 ;  ill-treatment  by  parents, 
relations  or  husbands,  164;  as  an  easy  life,  124;  bad  company,  84; 
persuaded  by  prostitutes,  71 ;  too  idle  to  work,  29 ;  violated,  27 ; 
seduced  on  emigrant  ship,  16 ;  seduced  in  emigrant  boarding 
house,  8.     (Sanger,  History  of  Prostitution,  p.  488.) 

"  In  America  again  more  recently  Professor  Woods  Hutch- 
inson put  himself  into  communication  with  some  thirty  repre- 
sentative men  in  various  great  metropolitan  centres,  and  thus  sum- 
marizes the  answers  as  regards  the  etiology  of  prostitution:  love 
of  display,  luxury  and  idleness,  42.1  per  cent. ;  bad  family  sur- 
roundings, 23.8  per  cent. ;  seduction  in  which  they  were  the  inno- 
cent victims,  11.3  per  cent.;  lack  of  employment,  9.4  per  cent.; 
heredity,  7.8  per  cent.;  primary  sexual  appetite,  5.6  per  cent. 
(Woods  Hutchinson,  '  The  Economics  of  Prostitution ',  Gynse- 
cologic  and  Obstetric  Journal,  September,  1895;  Id.,  The  Gospel 
according  to  Darwin,  p.  194.)" 

"  Writers  on  prostitution,"  says  Dr.  Ellis,^  "  frequently  assert 
that  economic  conditions  lie  at  the  root  of  prostitution  and  that 
its  chief  cause  is  poverty,  while  prostitutes  themselves  often  de- 
clare that  the  difficulty  of  earning  a  livlihood  in  other  ways  was 
a  main  cause  in  inducing  them  to  adopt  this  career,     '  Of  all  the 

1  Psychology  of  Sex  —  Vol.  6,  page  259. 


>  Memoranda  on  Vice  Problem  401 

causes  of  prostitution/  Parent-Duchatelet  wrote  a  century  ago, 
'  particularly  in  Paris,  and  probably  in  all  large  cities,  none  is 
more  active  than  lack  of  work  and  the  misery  which  is  the  in- 
evitable result  of  insufficient  wages.'  In  England  also,  to  a  large 
extent,  Sherwell  states,  'morals  fluctuate  with  trade'  (A.  Sher- 
well,  Life  in  West  London,  1897,  ch.  V.).  It  is  equally  so  in 
Berlin  where  the  number  of  registered  prostitutes  increases  dur- 
ing bad  years — (Bonger  brings  together  statistics  illustrating 
this  point,  op.  cit  pp.  402-6).  It  is  so  also  in  America.  It  is  the 
same  in  Japan;  'the  cause  of  causes  is  poverty.'  (The  Nightless 
City,  p.  125.) 

"  Thus  the  broad  and  general  statement  that  prostitution  is 
largely  or  mainly  an  economic  phenomenon,  due  to  the  low  wages 
of  women  or  to  sudden  depressions  in  trade,  is  everywhere  made 
by  investigators.  It  must,  however,  be  added  that  these  general 
statements  are  considerably  qualified  in  the  light  of  the  detailed 
investigations  by  careful  inquirers.  Thus  Stromberg,  who  mi- 
nutely investigated  462  prostitutes,  found  that  only  one  assigned 
destitution  as  the  reason  for  adopting  her  career,  and  on  investi- 
gation this  was  found  to  be  an  impudent  lie.  (Stromberg,  as 
quoted  by  Aschaffenburg,  Das  Verbrechen,  1913,  p.  77.)  Ham- 
mer found  that  of  ninety  registered  German  prostitutes  not  one 
had  entered  on  the  career  out  of  want  or  to  support  a  child,  while 
some  went  on  the  street  while  in  the  possession  of  money,  or  with- 
out wishing  to  be  paid.  (Monatsschrift  fur  Ham  Krankheiten 
und  Sexuelle  Hygiene,  1906,  Heft  10,  p.  460.)  But  this  cause  is 
undoubtedly  effective  in  some  cases  of  unmarried  women  in  Ger- 
many unable  to  get  work  (see  article  by  Sister  Henrietta  Arendt, 
Police-Assistant  at  Stuttgart,  Sexual-Probleme,  Dec.  1908). 

"'  Pastor  Buschmann,  of  the  Tetlow  Magdalene  Home  in  Berlin, 
finds  that  it  is  not  want  but  indifference  to  moral  considerations 
which  leads  girls  to  become  prostitutes.     *     *     * 

"  While  the  economic  factor  in  prostitution  undoubtedly  exists, 
the  undue  frequency  and  emphasis  with  which  it  is  put  forward 
and  accepted  is  clearly  due,  in  part  to  ignorance  of  the  real  facts 
in  part  to  the  fact  that  such  an  assumption  appeals  to  those  whose 
weakness  it  is  to  explain  all  social  phenomena  by  economic  causes, 
and  in  part  to  its  obvious  plausibility.     *     *     * 


402  Appendix  III 

"It  must  also  be  remembered  —  that  while  the  pressure  of 
poverty  exerts  a  markedly  modifying  influence  on  prostitution,  in 
that  it  increases  the  ranks  of  the  women  who  thereby  seek  a  liveli- 
hood and  may  thus  be  properly  regarded  as  a  factor  of  prostitu- 
tion, no  practicable  raising  of  the  rate  of  women's  wages  could 
possibly  serve,  directly  or  alone,  to  abolish  prostitution.  De 
Molinari,  an  economist,  after  remarking  that  '  prostitution  is  an 
industry  '  and  that  if  other  competing  industries  can  offer  women 
sufficiently  high  pecuniary  inducements  they  will  not  be  so  fre- 
quently attracted  to  prostitution,  proceeds  to  point  out  that  that 
by  no  means  settles  the  question.  '  Like  every  other  industry  pros- 
titution is  governed  by  the  demand  of  the  need  to  which  it  re- 
sponds. As  long  as  that  need  and  demand  persist,  they  wiU  pro- 
voke an  offer.  It  is  the  need  and  the  demand  that  we  must  act 
on,  and  perhaps  science  will  furnish  us  the  means  to  do  so.' 
(G.  de  Molinari,  La  Viriculture,  1897,  p.  155.)  In  what  way 
Molinari  expects  science  to  diminish  the  demand  for  prostitutes, 
however,  is  not  clearly  brought  out. 

"  ]^ot  only  have  w^e  to  admit  that  no  practicable  rise  in  the 
rate  of  wages  paid  to  women  in  ordinary  industries  can  possibly 
compete  with  the  wages  which  fairly  attractive  women  of  quite 
ordinary  ability  can  earn  by  prostitution,  but  we  have  also  to 
realize  that  a  rise  in  general  prosperity  —  which  alone  can  render 
a  rise  of  women's  wages  healthy  and  normal  —  involves  a  rise 
in  the  wages  of  prostitution,  and  an  increase  in  the  number  of 
prostitutes.  So  that  if  good  wages  is  to  be  regarded  as  the 
antagonist  of  prostitution,  we  can  only  say  that  it  more  than 
gives  back  with  one  hand  what  it  takes  with  the  other.  To  so 
marked  a  degree  is  this  the  case  that  Despres  in  a  detailed  moral 
and  demographic  study  of  the  distribution  of  prostitution  in 
France  comes  to  the  conclusion  that  we  must  reverse  the  ancient 
doctrine  that  '  poverty  engenders  prostitution '  since  prostitution 
regularly  increases  with  wealth,  and  as  a  department  rises  in 
wealth  and  prosperity,  so  the  number  both  of  its  inscribed  and 
its  free  prostitutes  rises  also  (A.  Despres,  La  Prostitution  en 
France,  1883).  There  is  indeed  a  fallacy  here,  for  while  it  is 
true,  as  Despres  argues,  that  wealth  demands  prostitution,  it  is 
also  true  that   a  wealthy  community   involves  the   extreme  of 


*"  Memoranda  on  Vice  Problem  403 

poverty  as  well  as  of  riches  and  that  it  is  among  the  poorer  ele- 
ments that  prostitution  chiefly  finds  its  recruits.  The  ancient 
dictum  that  '  poverty  engenders  prostitution '  still  stands,  but 
it  is  complicated  and  qualified  by  the  complex  conditions  of 
civilization.  Bonger,  in  his  able  discussion  of  the  economic  side 
of  the  question,  has  realized  the  wide  and  deep  basis  of  prostitu- 
tion when  he  reaches  the  conclusion  that  it  is  '  on  the  one  hand 
the  inevitable  complement  of  the  existing  legal  monogamy,  and 
on  the  other  hand  the  result  of  the  bad  conditions  in  which  many 
young  girls  grow  up,  the  result  of  physical  and  psychical  conse- 
quence also  of  the  inferior  position  of  women  in  our  actual  so- 
ciety.' (Bonger,  Criminalite  et  Conditions  Economiques,  1905, 
pp.  378-414.)  A  narrowly  economic  consideration  of  prostitu- 
tion can  by  no  means  bring  us  to  the  root  of  the  matter." 
(Havelock  Ellis,  Psychology  of  Sex,  Vol.  6,  pages  259,  260,  261, 
262,  263,  264.) 

I  have  quoted  the  above  authorities  at  length  for  the  purpose 
of  strengthening  the  conclusions  reached  by  my  own  investiga- 
tions into  the  causes  of  prostitution  in  this  country.  These  in- 
vestigations have  considered  first,  a  study  of  about  300  young 
girls  who  are  leading  clandestine  immoral  lives  at  the  present 
time  and  who  stand  in  great  danger  of  becoming  professional 
prostitutes  or  kept  women.  These  girls  belong  to  all  walks  of 
life.  Their  fathers  are  store  keepers,  furniture  dealers,  real  es- 
tate agents,  managers  of  large  business  enterprises,  foremen  in 
factories,  laborers,  shoe  dealers,  butchers.  The  girls  are  em- 
ployed in  department  stores,  factories,  offices;  they  are  stenog- 
raphers, cashiers,  ticket  sellers.  Some  do  not  work  but  live  at 
home  in  idleness.  Some  have  fathers  who  own  yachts  and  auto- 
mobiles. Some  are  in  the  grammar  school,  some  in  the  high 
school.  Yet  all  are  immoral  and  offer  themselves  to  strangers, 
not  for  money,  but  for  presents,  attention  and  pleasure,  and, 
most  important,  a  yielding  to  sex  desire.  In  the  underworld  they 
are  known  as  "  charity  girls." 

The  majority  of  this  group  are  poor  and  ignorant.  Eor  them 
it  is  only  a  step  into  professional  prostitution,  which,  no  doubt, 
they  will  take  sooner  or  later.     In  fact,  some  have  already  taken 


404  Appendix  III 

this  step.  Will  the  wages  they  receive  be  the  direct  cause? 
Who  can  say  ? 

Second,  An  investigation  into  the  life  history  of  over  1,000 
professional  women  engaged  in  the  business  of  prostitution  in 
New  York  City  during  1912. 

These  are  divided  into  the  following  groups,  according  to 
previous  occupation,  namely: 

a.  Domestic  servants. 

b.  Factory  workers. 

c.  Salesgirls. 

d.  Stenographers,   cashiers. 

e.  Public  entertainers,  such  as  dancers,  chorus  girls,  singers, 
piano  players,  actresses. 

f.  School  teachers. 

The  following  is  a  general  summary  of  the  histories  of  these 
prostitutes  formerly  employed  in  the  grades  of  work  given 
above : 

Domestic  Servants. —  Soiae  lazy,  weak,  vain,  with  few  social 
gifts;  others  ignorant  with  no  early  training,  but  gifted  with 
strong  emotions  and  physically  attractive. 

Throughout  the  personal  reasons  for  entering  the  life  of 
prostitution  runs  a  pathetic  strain  of  rebellion  and  disgust  at 
the  meagreness  of  their  lives,  the  drudgery,  of  a  desire  for  more 
life  and  more  money. 

The  age  when  they  committed  their  first  sexual  offence 
ranges  between  9  and  23.  The  average  for  25  was  about  16. 
The  prevailing  age  was  15.,  in  6  cases. 

One  domestic  said  she  was  born  that  way.  Some  were  in 
school  when  they  went  wrong. 

The  average  wage  paid  to  17  domestics  per  week  was  about 
$5.55;  the  average  monthly  wage  for  10  was  about  $23.30.  In 
both  cases  it  is  also  understood  that  they  received  their  board. 

Factory  WorJcei's. —  In  this  group  we  find  those  who  are  vain, 
frivolous,  weak  minded,  yet  with  strong  emotions,  and  love  for 
their  mothers,  homes  and  children. 


Memoranda  on  Vice  Problem  405 

The  home  life  was  poor,  strict  and  forbidding  with  drunken 
fathers  and  immoral  mothers.  Here  the  complaint  of  drudgery 
is  hoard,  with  no  outlook,  no  chance  of  marriage. 

The  age  when  these  factory  workers  committed  their  first 
sexual  offence  ranges  from  14  to  22.  One  girl  said  she  was  9. 
The  average  is  between  17  and  18,  The  prevailing  age  was  17, 
in  12  cases. 

Among  the  38  factory  workers  who  gave  the  amount  of  wages 
received  per  week,  some  were  either  beginners  or  were  not  suf- 
ficiently intelligent  to  be  entrusted  with  important  work.  The 
wages  of  18  in  this  group  run  from  $3  per  week  to  $7.50. 
Twenty  received  between  $8  and  $14  per  week.  The  average 
for  both  groups  is  about  $7.40. 

Salesgirls. —  We  must  confess  we  do  not  find  much  differ- 
ence between  the  personal  characteristics  of  the  salesgirls  and 
those  given  for  domestic  servants  and  factory  workers.  We  find 
the  same  low  type,  the  same  ignorance,  the  desire  for  more  life, 
clotlies  and  money,  the  same  weakness  and  vanity. 

One  hundred  and  ten  salesgirls  gave  their  ages  when  they 
committed  their  first  sexual  offence.  The  ages  range  from  14  to 
22,  the  average  being  between  17  and  18.  The  prevailing  ages 
are,  18  in  27  cases  and  17  in  21  cases. 

One  hundred  and  eleven  of  these  girls  gave  the  salaries  re- 
ceived when  employed.  These  salaries  range  from  $3  to  $15  per 
week,  the  majority  receiving  $G,  $7  and  $8.  Eleven  received 
$10;  eleven  $12,  and  three  $15.  The  average  salary  per  week 
for  the  110  salesgirls  was  about  $8.24. 

Stenographers. —  Twenty  former  stenographers  are  described 
as  being  weak,  vain,  easily  led,  ignorant,  degenerate,  fond  of 
drink  and  money.  Some  were  estimated  to  be  above  the  average 
in  intelligence,  others  quiet  and  unassuming,  with  generous  im- 
pulses, who  would  have  been  different  under  other  circumstances. 

We  have  here  again  the  same  cry  for  better  clothes,  excite- 
ment and  desire  for  the  companionship  of  men.  Here  we  fimd 
the  home  life  unpleasant  and  full  of  strife. 

The  average  age  when  they  committed  their  first  sexual  offence 
was  between  17  and  18. 


406  Appendix  III 

The  salaries  of  these  girls  ranged  from  $7.50  to  $15  per  week. 
One  girl  was  a  tjpist  only  and  was  paid  $5. 

The  average  earnings  of  20  stenographers  was  $11.25  per 
week,  the  prevailing  wage  being  $12  in  7  cases. 

Public  Entertainers. —  While  possessing  a  higher  mental 
equipment  than  the  domestic  servants,  factory  workers  or  sales- 
girls, these  public  entertainers  we  found  to  be  vain,  conceited  and 
ignorant.  They  had  been  swept  away  by  temptation,  drawn  into 
the  life  of  prostitution  by  the  desire  for  more  money,  better 
clothes,  excitement  and  the  companionship  of  interesting  men. 

Forty-five  entertainers  gave  the  age  when  their  first  sexual 
offence  was  committed.  These  ages  were  between  15  and  24.  The 
average  was  between  17  and  18  years. 

Forty-nine  gave  the  salaries  they  received  as  entertainers.  The 
amounts  differed  to  some  extent  and  ran  from  $15  per  week  to 
$75.  The  majority  received  $18  to  $25.  The  average  weekly 
salary  for  49  was  about  $33.  The  prevailing  earnings  in  8  eases 
was  $18 ;  and  in  another  group  of  8,  $22. 

While  these  women  gave  the  need  for  more  money  as  one  of 
the  reasons  for  entering  the  life  of  prostitution,  they  were  capable 
of  earning  from  2  to  4  times  as  much  as  the  domestic  servants, 
factory  woa*kers  and  salesgirls.     This  is  significant. 

School  Teachers. —  W^e  have  only  eight  professional  prosti- 
tutes on  record  whose  former  occupation  was  school  teaching. 

One  was  described  as  being  quiet  and  refined,  and  no  one 
would  guess  she  was  sporty.  One  is  a  thorough  degenerate, 
another  pretty,  vain,  but  well  educated;  another  very  much 
affected,  fond  of  clothes,  vain  and  untruthful ;  another  well 
dressed,  modest  in  appearance,  clever,  and  the  last  pretty  but 
weak. 

Whereas  the  domestic  servant  declares  that  she  took  up  the 
life  because  she  was  tired  of  the  "  drudgery  of  housework,  tired 
of  being  kicked  around  like  a  dog  by  a  woman  who  claimed  to  be 
a  lady,"  the  school  teacher  says  she  is  tired  of  the  "  monotony 
of  teaching,  wanted  more  excitement,  better  clothes,  and  the  com- 
panionship of  men." 


Memoranda  on  Vice  Problem       '  407 

Two  of  these  school  teachers  received  $80  and  $90  per  month 
respectively.  One  earned  $30  per  month,  as  a  substitute  in  a 
kindergarten ;  another  $2  per  hour  as  a  teacher  of  languages,  and 
the  last  $18  per  week  teaching  backward  pupils. 

General  Conclusions. —  From  the  authoritative  statistics  and 
opinions  quoted  in  the  first  part  of  this  statement,  I  think  we 
can  agree: 

1.  That  the  statement  that  "poverty  engenders  prostitution  still 
stands,  but  that  it  is  complicated  and  qualified  by  the  complex 
conditions  of  civilization." 

2.  "  That  while  the  pressure  of  poverty  exerts  a  markedly 
modifying  influence  on  prostitution,  in  that  it  increases  the  ranks 
of  the  women  who  thereby  seek  a  livelihood  and  may  thus  be  prop- 
erly regarded  as  a  factor  of  prostitution,  no  practicable  raising  of 
the  rate  of  women's  wages  could  possibly  serve,  directly  or  alone, 
to  abolish  prostitution." 

3.  That  "  a  narrowly  economic  consideration  of  prostitution 
can  by  no  means  bring  us  to  the  root  of  the  matter." 

The  latter  part  of  the  statement,  I  believe,  corroborates  the 
conclusions  reached  by  students  abroad.  Briefly  summarized, 
these  conclusions  are  as  follows: 

The  study  of  the  mental  and  physical  characteristics  of  the 
girls  in  the  various  occupations  from  domestic  servants  to  school 
teachers  reveals  the  fact  that  they  are  all  weak,  vain,  ignorant, 
easily  led,  and  each  one  striving  for  a  higher  financial  standard  of 
living  from  that  to  which  they  are  accustomed.  The  domestics  as 
well  as  the  school  teachers,  and  all  those  in  between  have  physical 
attractiveness,  are  lovable  and  have  affectionate  dispositions,  and 
would  have  been  useful  and  happy  members  of  society  if  they 
had  been  under  strict  discipline,  and  in  a  more  healthful  and 
normal  environment. 

All  through  their  personal  reasons,  from  the  domestics  to  the 
school  teachers,  they  were  eager  to  see  life,  have  better  clothes, 
more  excitement.  They  were  rebellious  against  home  restrictions, 
blamed  their  fathers  and  mothers,  their  low  salaries,  and  the 
men  who  had  been  responsible  for  their  trouble. 


408  Appendix  TTT 

It  is  obvious  on  the  face  of  it  that  the  majoritj'  of  those  in  two 
groups,  the  factory  workers  and  salesgirls,  do  earn  less  than  a 
living  wage,  and  are  eager  to  place  the  blame  there ;  yet  the  next 
three  groups,  the  stenc^aphers,  public  entertainers  and  the  school 
teachers,  earning  a  living  wage,  are  just  as  eager  to  put  the  blame 
there  also. 

The  complaint  that  housework  is  a  drudgery,  that  industrial 
work  is  tiresome,  that  professional  occupations  are  monotonous, 
is  unworthy.  Life  is  hard  and  commonplace  at  best,  no  matter 
in  what  station  one  moves,  or  what  work  one  is  called  upon  to  do. 

We  are  breaking  away  from  religion,  parental  and  conmiunity 
control  in  these  days,  and  when  we  are  broken  for  this  disobedi- 
ence we  cry  like  children,  and  hide  our  weakness  behind  flimsy 
excuses. 

What  is  the  cause  of  this  general  breakdown  and  moral  laxity  ? 
We  find  it  not  only  among  the  families  of  the  poor,  but  among 
those  in  comfortable,  even  affluent,  circumstances.  Is  it  economic 
or  social  or  a  combination  of  both  ? 

In  spite  of  years  of  investigations  into  the  weaknesses  of  human 
nature  and  its  moral  disease,  I  believe  that  the  majoi'ity  of  those 
now  living  professional  immoral  lives  are  living  as  they  are  be- 
cause of  conditions  which  can  be  improved,  through  more  economic 
justice,  through  education,  through  a  better  knowledge  of  sex  life, 
and  a  return  to  the  simple  yet  powerful  influences  of  the  religion 
of  our  fathers. 

^The  foregoing  statement  is  my  individual  opinion,  based  upon 
data  now  available.  Further  investigations  may  warrant  a  change 
in  this  opinion. 


Memoranda  on  Vice  Pkoblem  409 


Statement  of  Maude  E.  Miner. 

No  one  condition  is  ever  solely  responsible  for  bringing  a  girl 
into  a  life  of  prostitution.  Different  forces  which  operate  with 
varying  pressure  upon  the  girl,  gradually  break  down  the  defenses 
and  bring  the  individual  to  the  point  where  she  seems  powerless  to 
resist.  Economic  conditions  constitute  one  of  these  factors;  one 
or  more  other  conditions,  including  mental  deficiency,  bad  home 
environment,  lack  of  opportunities  for  wholesome  recreation  and 
procuring  by  white  slave  traffickers,  are  usually  found  operating 
at  the  same  time. 

It  is  frequently  impossible  to  say  which  of  these  factors  is  most 
potent;  it  has  been  their  very  combination  that  has  caused  the 
girl  to  fall  when  she  might  have  been  able  to  stand  in  the  face  of 
one  or  two  of  these  forces.  Lack  of  work,  dangerous  work,  lack 
of  training  for  work,  and  lack  of  efficiency  in  work,  in  addition 
to  low  wages,  are  among  the  economic  forces  which  partially  ex- 
plain the  presence  of  some  girls  in  prostitution. 

Great  numbers  of  girls  begin  work  at  the  age  of  14,  without 
any  understanding  of  the  moral  dangers  which  await  them;  few 
have  any  training  for  work  or  skill  in  doing  work ;  they  take  the 
first  opening  that  is  offered,  without  regard  to  their  particular 
fitness  for  it ;  they  are  ignorant  and  inefficient  as  well  as  untrained, 
and  do  not  make  rapid  progress  in  mastering  the  work;  they  be- 
come so  fatigued  with  the  endless  mechanical  operations  and  tlje 
incessant,  monotonous  work  that  will-power  is  undermined;  the 
small  wage  they  receive  is  frequently  insufficient  for  the  actual 
necessities  of  life  so  that  someone  must  make  up  the  deficit ;  they 
have  little  margin  for  recreation  or  for  savings.  When  the  slack 
season  comes  or  there  is  a  depression  in  business,  they  are  thrown 
out  of  work  without  any  provision  for  the  future,  and  face  the 
necessity  of  walking  up  and  down  the  streets  and  answering 
innumerable  advertisements  in  quest  of  other  employment.  Is 
it  a  wonder  that  some  of  these  girls,  pressed  through  hunger  and 
want,  fatigued  and  over-strained,  fearing  to  face  an  irate  father 
or  mother,  who  demands  that  they  work  if  they  continue  to  live 
at  home,  follow  the  path  of  least  resistance,  accept  the  offers  of 


410  Appendix  III 

men  who  make  them  flattering  proposals,  and  soon  find  themselves 
in  a  life  of  prostitution  ? 

In  so  far  as  the  low  wage  affords  less  than  is  requisite  for  the 
necessities  of  life,  and  no  margin  of  saving  for  the  time  of  unem- 
ployment, in  so  far  as  it  gives  no  chance  for  wholesome  recreation 
and  some  of  the  little  luxuries  which  the  girlish  heart  craves,  it 
is  a  force  that  tends  to  bring  the  girl  who  lacks  the  defenses  of 
moral  stamina  and  high  ideals,  and  who  has  already  taken  the 
first  steps  in  a  life  of  immorality,  into  the  abyss  of  prostitution. 
Although  not  one  of  the  most  important  factors,  the  low  wage 
is  an  element  in  causing  girls  to  enter  and  remain  in  professional 
prostitution. 

It  is  not  merely  the  low  wage  of  the  girl,  but  the  low  wage  of 
the  family  which  explains  the  real  trouble.  The  low  wage  of  the 
father  has  to  a  large  extent  determined  the  unfortunate  home 
environment,  in  which  the  girl  has  lived,  the  early  age  at  which 
she  has  gone  out  to  work,  her  lack  of  opportunity  for  good  recrea- 
tion and  her  contact  with  demoralizing  forces  in  a  crowded  dis- 
trict of  the  city. 

Although  low  wage  is  one  of  the  economic  factors  tending  to 
bring  girls  into  a  life  of  professional  prostitution  and  making  it 
more  difficult  for  them  to  get  out,  it  has  practically  no  influence 
in  causing  girls  to  take  the  first  immoral  step.  There  the  economic 
factors  enter  to  only  a  very  slight  extent.  Among  the  thousands 
of  girls  leading  a  life  of  immorality  or  prostitution,  whom  I  have 
known  and  worked  with  during  the  last  eight  years  in  the  courts 
of  l^ev/  York  City,  at  Waverley  House  and  in  the  I^ew  York 
Probation  and  Protective  Association,  I  have  had  no  girl  tell  me 
that  she  took  the  first  immoral  step  because  of  a  low  wage.  Some 
have  claimed  that  it  was  responsible  for  their  entrance  into  pros- 
titution, though  other  factors  were  also  operative. 

As  we  recognize  that  no  one  factor  explains  the  entrance  of  a 
girl  into  prostitution,  so  there  is  no  one  remedy  for  all.  Since 
economic  conditions  enter  as  one  factor,  those  conditions  should 
be  improved.  Steps  should  be  taken  to  provide  more  adequate 
trade  training  for  the  great  number  of  girls  who  are  to  enter 
industry;  if  possible  girls  should  remain  in  school  until  sixteen 
years  of  age,  when  they  may  be  better  prepared  to  meet  the 


Memokanda  on  Vice  Problem  411 

dangers  and  temptations  that  come  through,  work.  At  the  same 
time  that  thej  are  better  prepared  for  work,  individual  inclina- 
tions and  aptitudes  should  be  consulted  so  that  as  far  as  possible, 
girls  may  find  their  way  into  congenial  work  that  will  enlist  their 
interests  and  ambition ;  strenuous  efforts  should  be  made  to  lessen 
the  long  periods  of  unemployment  and  the  amount  of  irregular 
and  seasonal  work.  Through  free  employment  bureaus  of  city 
and  State,  special  attention  should  be  given  to  the  placement  of 
workers,  and  wages  should  be  increased  so  that  each  individual 
has  a  margin  for  recreation  and  saving,  and  enough  for  the 
necessities  of  life.  A  living  wage  for  the  father  of  the  family 
is  absolutely  essential  and  is  of  even  greater  concern  than  the 
wage  of  the  individual  girl.  If  after  complete  investigation,  it 
appears  to  be  desirable  to  recommend  legislation  to  provide  for 
a  minimum  wage  commission,  I  trust  that  the  regulation  of 
wages  of  men  as  well  as  of  women  may  be  included. 

If  the  adoption  of  a  minimum  wage  will  mean  a  living  wage, 
if  the  minimum  wage  will  not  tend  to  become  the  maximum 
wage,  and  if  society  will  adequately  care  for  the  large  number  of 
incompetents  who  will  necessarily  be  thrown  out  of  work  as  a 
result  of  wage  legislation,  I  should  favor  the  appointment  of  a 
minimum  wage  commission.  The  coming  of  a  minimum  wage 
will  necessitate  better  training  for  work,  will  increase  efficiency 
in  workshops  and  lessen  the  tremendous  economic  pressure. 

In  so  far  as  these  results  would  appear,  and  make  conditions 
more  tolerable  for  the  mass  of  workers,  there  would  be  gain,  but 
no  change  of  the  economic  system,  merely,  will  change  the  great 
moral  problem. 

Because  prostitution  is  so  complex  and  many  forces  are  re- 
sponsible for  the  wreckage  of  a  large  number  of  girls  each  year, 
the  remedies  must  be  sought  in  a  variety  of  directions,  in  im- 
proved home  and  economic  conditions,  in  better  recreational 
facilities,  in  segregation  of  the  feeble-minded,  in  vigorous  en- 
forcement of  laws  against  exploiters  and  procurers,  in  moral 
education  of  youth,  and  in  increased  recognition  of  social  and  in- 
dividual responsibility  for  the  prevention  of  prostitution. 


412  Appendix  III 

VI. 

Statement  of  James  Bronson  Keynolds. 

You  request  a  statement  regarding  the  "  relationship  between 
low  wages  and  the  vice  problem  and  immorality  among  women." 
The  subject  is  one  to  which  I  have  given  much  attention.  I 
have  had  occasion  both  recently  and  while  an  Assistant  District- 
Attorney  to  investigate  cases  where  girls  alleged  that  they  had 
been  forced  into  a  life  of  shame  because  of  low  wages.  I  found 
no  case  in  which  this  statement  was  substantiated.  Undoubtedly 
isolated  instances  have  occurred,  but  so  very  large  a  proportion 
of  the  girls  living  on  low  wages  are  moral,  decent  and  pure- 
minded  that  it  would  be  a  libel  on  them  to  draw  the  inference 
that  low  wages  force  many  girls  into  a  life  of  immorality. 

But  though  I  have  found  no  direct  relation  between  low  wages 
and  vice,  I  have  found  an  indirect  relation  between  general 
poverty  and  vice.  The  poverty  of  the  family  of  which  the  girl 
wage  earners  are  members  often  subjects  them  to  the  entice- 
ments and  dangers  of  vice.  This  poverty  compels  the  daughters 
of  the  family  to  go  out  to  work  at  an  early  age  and  to  find  enter- 
tainment in  dance  halls,  public  resorts  and  on  the  street.  If 
they  be  weak  of  mind,  weak  of  will  or  of  reckless  disposition  the 
danger  of  their  downfall  is  very  great.  Especially  is  this  true 
if  the  influence  of  the  home  is  further  demoralized  by  drunken- 
ness, immorality  or  mental  defectiveness  of  one  or  both  parents. 

Mentally  defective  or  mentally  inferior  girls  form  a  large  and 
important  number  of  those  led  into  immorality  through  poverty. 
The  report  of  the  recent  Massachusetts  State  Commission  on 
Vice  shows  that  51  per  cent  of  the  girls  of  immoral  character 
found  in  certain  State  institutions  in  Massachusetts  were  men- 
tally defective.  The  Commission  expressed  the  opinion  that  a 
still  larger .  percentage  of  the  number  examined  could  probably 
be  classed  as  mentally  subnormal.  The  investigations  by 
Katharine  Bement  Davis  of  girls  in  Bedford  Reformatory  point 
in  the  same  direction,  as  do  other  similar  inquiries  including  a 
recent  investigation  in  England. 

These  and  other  investigations  probably  justify  the  conclusion 
that  not  less  than  50  per  cent  of  the  prostitutes  in  our  cities  are 


Memoranda  on  Vice  Problem  413 

mentally  defective  or  inferior.  If  these  statistics  are  correct, 
then  povetrty  plus  mental  deficiency  would  seem  to  explain 
largely  "  the  relationship  between  low  wages  and  the  vice 
problem." 

It  is  equally  true  that  male  criminals  are  largely  recruited 
from  mentally  defective  or  inferior  boys  and  that  the  pimps  and 
procurers  who  make  girls  their  victims  are  to  a  large  extent 
drawn  from  this  class.  We  have,  therefore,  mental  inferiority 
as  the  cause  of  the  downfall  of  many,  both  boys  and  girls,  later 
engaged  in  immoral  or  criminal  practices.  The  thorough  ex- 
amination of  all  our  youth  in  the  early  years  of  public  school 
experience,  a  more  extensive  provision  for  the  industrial  train- 
ing of  backward  boys  and  girls  and  the  better  protection  of  these 
children  of  the  poor  I  hope  will  be  considered  by  your  Commis- 
sion. 

I  do  not  wish  to  express  an  opinion  regarding  the  desirability 
of  a  minimum  wage  because  I  realize  that  many  factors  are  in- 
volved in  an  adequate  consideration  of  the  subject.  The  inflex- 
ibility of  the  law  is  but  one  of  the  complications  which  occurred 
to  me.  I  have,  however,  advocated  the  raising  of  the  wages  of 
youth  even  when  thereby  some  would  be  forced  out  of  employ- 
ment. I  believe  it  to  be  in  the  interest  of  society  that  boys  and 
girls  should  be  prevented  from  beginning  labor  until  they  have 
reached  such  an  age  or  such  a  condition  of  fitness  as  would 
enable  tliem  to  receive  a  fair  compensation,  but  I  hold  that  it 
would  be  a  mistake  to  provide  legislation  which  would  prevent 
boys  and  girls  from  going  to  work  before  they  can  earn  enough 
to  pay  their  entire  living  expenses. 


414  Appendix  III 

VII. 

Statement  of  Mary  K.  Simkhovitch. 

The  working  girls  I  have  known  have  in  general  a  high  standard 
of  personal  morality.  In  instances  where  this  is  not  the  case  it 
would  be  difficult  to  establish  a  directly  causal  relation  between  low 
wages  and  immorality.  The  girls  I  have  known  who  have  become 
prostitutes  or  have  had  unfortunate  experiences  either  have  had 
an  unhappy  home  life,  have  become  the  victims  of  false  promises, 
or  have  been  of  feeble  mentality.  It  is  true  that  unhappy  home 
conditions  are  also  often  caused  by  an  insufficient  income.  But 
that  is  a  question  of  the  family  income  as  a  whole  rather  than  the 
wage  of  any  individual  member  of  the  family. 

It  is  an  unceasing  wonder  to  me  that  the  girls  who  receive  very 
low  wages  continue  to  keep  their  high  moral  standards.  That  they 
do  so  is  I  believe  largely  due  to  these  facts : 

1.  That  the  girl's  wage  is  generally  merged  in  the  family  joint 
income.  Sometimes  of  course  she  has  to  support  others  with  her 
wages,  but  sometimes  she  is  partially  supported  from  the  family 
income. 

2.  The  general  moral  tone  of  her  environment  in  church,  club, 
family  or  other  group.  She  does  not  want  to  face  an  adverse 
public  opinion. 

But  while  I  do  not  believe  a  directly  causal  relation  is  estab- 
lished between  low  wages  and  prostitution  it  is  also  clear  to  me 
that  for  a  girl  to  receive  less  than  a  living  wage  will  result 
disastrously  for  the  girl  and  for  society.  The  low-wage  girl  has 
no  margin  for  recreation,  she  cannot  dress  well  and  hence  can't 
get  better  positions,  she  is  dependent  upon  her  family  (in  which 
case  very  often  family  friction  arises)  or  she  is  dependent  upon 
the  charity  of  private  individuals  or  societies,  or  (and  this  is  the 
most  likely  and  inevitable)  the  girl  skimps  herself  on  food  and 
goes  down  hill  physically.  This  means  she  is  likely  in  the  end 
to  become  a  public  charge  or  in  the  case  of  marriage  to  become 
an  invalid  wife  and  the  mother  of  physically  inferior  children. 
From  the  point  of  view  of  social  efficiency,  the  point  of  view  we 
should  take  as  citizens,  there  can  be  no  greater  disaster  than  this. 


Memoranda  on  Vice  Problem  415 

I  believe  it  is  absolutely  futile  to  expect  that  the  girls  who  are 
in  the  underpaid  industries  will  have  the  strength  to  gain  higher 
wages  through  collective  bargaining.  To  rely  on  women's  unions 
for  securing  and  maintaining  proper  wages  is  at  the  present  time 
almost  hopeless.  I  am  therefore  strongly  in  favor  of  the  establish- 
ment of  wage  boards  with  power  to  fix  wages  in  the  case  of  the 
lowest  paid  unorganized  industries  where  women  are  employed. 


416  Appendix  III 

VIII. 
Statement  of  Frederick  H.  Whitin. 

The  low  wages  of  men  should  be  the  first  to  be  considered  in 
this  connection.  There  is  unquestionably  a  direct  relation  between 
sexual  immorality  and  a  wage  which  is  insufficient  to  enable  the 
average  man  to  marry  at  the  age  when  the  sex  instinct  is  insistent 
and  to  maintain  on  that  wage  the  social  standard  of  his  class. 
Since  the  satisfaction  of  the  sex  instinct  has  for  years  been  con- 
sidered a  necessity  for  men  —  the  scK^alled  sexual  necessity  —  and 
since  normal  satisfaction  should  come  only  through  marriage,  any 
postponement  of  marriage  as  the  result  of  a  low  wage  has  caused 
men  to  obtain  abnormal  sexual  satisfaction  out  of  marriage  which 
constitutes  sexual  immorality. 

Constant  association  with  the  prostitute  results  inevitably  in 
a  lowering  of  the  moral  standard  and  the  ease  of  procui'ing  sexual 
satisfaction  out  of  marriage  results  in  a  decrease  of  tlie  sex 
stimulus ;  both  tend  to  decrease  men's  natural  desire  to  marry  and 
encourage  a  continuance  of  sexual  immorality.  Thus  the  effect 
of  low  wages  for  men  is  to  create  both  an  increased  sexual  im- 
morality and  an  increased  demand  for  the  prostitute. 

It  is  very  frequently  asked :  Does  the  low  wage  of  women  tend 
to  increase  the  number  of  prostitutes?  A  woman  must  earn  a 
wage  sufficient  to  provide  the  necessities  for  her  standard  of  life 
and  any  wage  insufficient  to  enable  her  to  do  this  has  very  de- 
cidedly such  a  tendency.  The  wages  received  by  those  workers 
who  are  mentally  deficient  or  industrially  incompetent  are  always 
low  according  to  this  standard.  Hence,  prostitution  is  a  natural 
resource  for  these  two  classes  of  women  and  is  accepted  by  them 
as  a  means  of  livelihood  to  a  considerable  degree.  Until  such 
time  as  the  first  group  are  cared  for  by  the  State,  and  until  the 
second  has  been  made  of  greater  economic  value,  they  will  prob- 
ably continue  to  supply  the  ranks  of  prostitution.  To  this  number 
must  be  added  those  who  are  morally  weak. 

The  low  wages  of  the  man  who  has  a  family  are  also,  in  a 
measure,  responsible  for  a  part  of  the  prostitutes,  for  a  wage  which 
fails  to  enable  the  father  to  provide  proper  housing  for  his  family, 
rapidly  destroys  a  girl's  natural  modesty  and  her  moral  sense. 


Memoranda  on  Vice  Problem  417 

There  is  also  a  fourth  group,  viz.,  the  woman  employed  in  season- 
able trades  on  a  wage  so  low  that  she  cannot  accumulate  a  reserve 
for  the  time  when  she  is  without  work.  The  necessities  of  such 
times  would  seem  to  cause  casual  prostitutes. 

The  proportion  remaining  —  those  with  whom  the  low  or  in- 
sufficient wage  is  the  sole  factor  in  their  adoption  of  a  life  of 
prostitution, —  is  probably  a  small  one. 

An  increased  economic  efficiency  in  both  sexes;  the  elimination 
of  the  evils  of  seasonable  trades  and  the  governmental  care  of  the 
mentally,  morally  and  industrially  incompetent,  would  remove 
much  of  the  existing  supply  for  prostitution.  The  State  should 
care  for  the  weak,  but  its  first  aim  should  be  to  make  its  citizens 
so  industrially  competent  that  they  may  be  economically  self- 
sustaining  and  so  independent.  The  State  should  remove  all 
hindrances  to  individual  success  but  should  not  remove  the  in- 
centive of  necessity  and  competition.  Therefore,  a  minimum  wage 
determined  by  a  governmental  agency  to  be  paid  by  private  em- 
ployers, would  not  reduce  prostitution  unless  it  was  a  minimum 
annual  wage  for  both  men  and  women  and  then  not  unless  the 
government  guaranteed  employment  at  that  minimum  wage  to  all 
those  whose  services  the  private  employer  could  not  use  profitably. 

Vol.  1  —  14 


2.  QUESTIONAIRE  ON  THE  WAGE  PROBLEM 

On  July  1,  1914,  the  Commission  sent  out  a  large  number  of 
circular  letters,  accompanied  with  a  ''  List  of  Questions,"  as 
follows : 

The  New  York  State  Factory  Investigating  Commission  was  authorized  by 
the  Legislature  to  inquire  into  rates  of  wages  in  the  diflFerent  industries  of 
the  State  and  to  make  such  recommendations  for  wage  legislation  as  might 
be  found  advisable.  The  Commission  was  specifically  directed  to  report  upon 
the  advisability  of  having  the  State  fix  minimum  rates  of  wages  for  workers. 

For  the  past  year  we  have  been  engaged  in  making  a  comprehensive  investi- 
gation of  wages  in  several  industries.  Our  statistics  have  not  yet  been 
completely  tabulated,  but  in  many  cases  we  have  found  wages  to  be  very  low. 

The  question  arises  as  to  what  remedy,  if  any,  shall  be  adopted.  We  have 
prepared  the  questions  on  the  wage  problem  hereto  annexed,  so  as  to  obtain 
the  views  and  suggestions  of  a  number  of  representative  persons.  The  Com- 
mission hopes  that  you  will  give  these  questions  careful  consideration  and 
that  you  will  answer  them  as  fullj"  and  completely  as  you  can,  citing  illus- 
trations if  possible,  from  occupations  with  which  you  are  familiar.  You 
may  change  the  form  of  the  questions  or  may  make  any  sugestions  that  are 
not  covered  by  them.  The  Commission  will  appreciate  it  if  you  will  send 
in  your  answers  to  its  office,  170  Broadway,  New  York  City,  as  soon  as 
possible. 

Asking  these  questions  does  not  mean  that  the  Commission  has  decided 
upon  any  plan  of  legislation,  or  is  in  favor  of  or  opposed  to  the  establish- 
ment of  a  minimum  wage. 

[418] 


QUESTIONAIRE    ON    WaGE    PrOBLEM 


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§  I  §  i  e-§tg  2 


Question  AIRE  on  Wage  Problem  421 

Following  is  a  list  of  persons  whose  replies  to  the  questionnaire 
are  presented  herewith.  The  answers  present  for  consideration 
various  aspects  of  the  wage  question.  For  convenience,  the  re- 
plies are  printed  alphabetically,  in  groups  corresponding  to  the 
numbers  in  the  list  of  questions: 

D.  B.  Armstrong,  Director^  Bureau  of  Public  Health  and  Hy- 
giene, Association  for  Improving  the  Condition  of  the  Poor,  New 
York  City. 

G.  L.  Arner,  Publicist,  Jefferson,  Ohio. 

Selden  Bacon,  Lawyer,  New  York  City. 

Lloyd  V.  Ballard,  Department  of  Economics,  Beloit  College. 

L.  Barnet,  R.  H.  Macy  &  Company,  New  York  City. 

Gertrude  Barnum,  Special  Agent,  United  States  Commission 
on  Industrial  Relations. 

George  Gordon  Battle,  Lawyer,  New  York  City. 

Emma  B.  Beard,  President,  New  York  State  Consumers' 
League. 

Holmes  Beckwith,  Department  of  Economics,  University  of 
California. 

Harry  Best,  University  Settlefment,  New  York  City. 

Roy  G.  Blakey,  Department  of  Economics,  Cornell  Univer- 
sity. 

E.  W.  Bloomingdale,  Counsel,  New  York  City  Retail  Dry 
Goods  Association. 

R.  M.  Bradley,  Bradley  &  Tyson,  Boston,  Mass. 

Edward  M.  Brewer,  Boston,  Mass. 

Edgar  D.  Brinkerhoff,  Accountant,  Fall  River,  Mass. 

J.  L.  BuRRiTT,  Secretary,  Ontario  Knife  Co.,  Franklinville, 
N.  Y. 

Henry  L.  Calman,  Emil  Caiman  &  Co.,  New  York  City. 

Charles  L.  Chute,  Secretary,  New  York  State  Probation 
Commission. 

Victor  S.  Clark,  Department  of  Economics  and  Sociology, 
Carnegie  Institution,  Washington,  D.  C. 

Miles  M.  Dawson,  Lawyer  and  Actuxiry,  New  York  City. 

O.  L.  Dean,  Bush  &  Dean,  Ithaca,  N.  Y. 

Carroll  W.  Doten,  Secretary,  American  Statistical  Associa- 
tion. 


422  Appendix  III 

Elizabeth  Ddtchek,  Treasurer,  Retail  Clerks'  Union,  New 
York  City. 

Geokge  Eastman,  President,  Eastman  Kodak  Co.,  Rochester, 
N.  Y. 

Sakah  Elkus,  Director  of  Women's  Work,  Educational  Alli- 
ance, New  York  City. 

Eliza  P.  Evans,  Secretary,  Minnesota  Minimum  Wage  Com- 
mission. 

Joseph  Frey,  President,-  National  Federation  of  German- 
American  Catholics,  New  York  City. 

C.  E.  Gaedinek,  President,  Gardiner-Lucas  Co.,  New  York 
City. 

W.  A,  Garrigues,  Levering  &  Garrigues  Co.,  New  York  City. 

F.  H.  GiLsoN,  President,  >F.  11.  Gilson  Co.,  Boston,  Mass. 

William  P,  Gone,  Salem,  Mass. 

Bolton  Hall,  Publicist,  New  York  City. 

W.  E.  Heath,  Vice  President,  Larkin  Co.,  Buffalo,  N.  Y. 

Leo  Hirschfeld,  Vice  President,  Stern  d-  Saalberg  Co.,  New 
York  Oity. 

George  K.  Holmes,  Washington,  D.  C. 

Mart  Alden  Hopkins,  Social  Investigator,  New  York  City. 

Howard  C.  Hopson,  Albany,  N.  Y. 

E.  D.  Howard,  Hart,  Schaffner  &  Marx,  Chicago. 

F.  Lincoln  Hutchins,  Baltimore,  Md. 

Belle  Lindner  Israels,  Dress  and  Waist  Manufacturers 
Association,  Neiv  York  City. 

W.  T.  Jackman,  DepaHment  of  Econo^mics  and  Commerce, 
University  of  Vermont. 

'N.  JoHANNSEN,  Roscbank,  N.  Y. 

Alvin  S.  Johnson,  Professor  of  Economics,  Cornell  Univer- 
sity. 

E.  M.  Keator,  Paper  Box  Manufacturer,  Brooklyn,  N.  Y. 

R.  C  Kemmerer,  Brooklyn,  N.  Y. 

WiLFORD  I.  King,  Department  of  Economics,  University  of 
Wisconsin. 

George  J.  Kraft,  Manufacturer  of  Paper  Specialties,  New 
York  City. 

James  C.  Kuhn,  Manufacturing  Confectioner,  New  York 
City. 


QuESTiONAiRE  ON  Wage  Problem  423 

H.  p.  Lansdale,  General  Secretary,  Young  Mens  Christian 
Association,  Rochester,  N.  Y. 

Don  D.  Lescohier,  Chief  Statistician,  Minnesota  Department 
of  Labor  and  Industries. 

Buedette  G.  Lewis,  Deputy  Commissioner  of  Correction,  New 
York  City. 

William  H.  Lough,  President,  Alexander  Hamilton  Institute, 
New  York  City. 

Benjamin  C.  Marsh,  Executive  Secretary,  Society  to  Lower 
Rents  and  Reduce  Taxes  on  Homes,  New  York  City. 

David  A.  McCabe,  Department  of  Economics,  Princeton  Uni- 
versity. 

George  A.  McKinlock,  President,  Central  Electric  Co.,  Chi- 
cago. 

G.  T.  McWhieter,  McWhirter  Hardware  Co.,  Clevelarid, 
OkU. 

Henry  T.  Noyes,  President,  German- Aynerican  Button  Co., 
Rochester,  N.  Y. 

Almus  Olver,  Secretary,  Associated  Charities  and  Churches, 
Syracuse,  N.  Y. 

Alfred  E.  Ommen,  Counsel,  Typothetae  of  the  City  of  New 
York. 

Edward  D.  Page,  Chairman,  Committee  on  Commercial  Laiu, 
Merchants  Association  of  New  York. 

Maurice  Parmelee,  Department  of  Political  Science,  College 
of  the  City  of  New  York. 

Kaymond  V.  Phelan,  Department  of  Economics,  University 
of  Minnesota. 

L.  G.  Powers,  Washington,  D.  C. 

Charles  Rohlfs,  President,  Central  Council  of  Businessmen 
and  Taxpayers  Associations,  Buffalo,  N.  Y. 

HugoSeaberg,  Laivyer,  Raton,  N.  M. 

E.  M.  Sergeant,  Factory  Manager,  Niagara  Alkali  Co.,  Niag- 
ara Falls,  N.  Y. 

Florence  Simms,  Secretary,  Committee  on  Industrial  Work, 
National  Board  of  Young  Women's  Christian  Associations,  New 
York  City. 

Harrison  B.  Smith,  Lawyer,  Charleston,  W.  Va. 


424  Appendix  III 

G.  F.  Steele,  Chicago,  III. 

Robert  R.  Taylor,  Director  of  Mechanical  Industries,  Tus- 
Jcegee  Institute. 

H.  K.  Thomas,  Factory  Superintendent,  Pierce-Arrow  Motor 
Car  Co.,  Buffalo,  N.  Y. 

W.  H.  Thompson,  Editor,  Switchmen's  Journal,  Buffalo,  N.  Y. 

A.  C.  Vandiver,  Lawyer,  New  York  City. 

O.  J.  Weeks,  0.  J.  Weehs  Co.,  Confectioners'  Specialties,  New 
York  City. 

William  L.  West,  Secretary,  West  Publishing  Co.,  St.  Paul, 
Minn. 

Ansley  Wilcox,  Lawyer,  President,  Charity  Organization 
Society,  Buffalo,  N.  Y. 

Mob  NAY  Williams,  Lawyer,  New  York  City;  President,  New 
York  Child  Labor  Committee. 


QuESTIONAIRE    ON    WaGE    PROBLEISr  425 

Question  No.  1. 

What   factors   determine   the  rates   of   wages   which   any   one 
individual  worker  or  different  groups  of  workers  receive  ? . 
The  following  have  been  suggested : 

The  efficiency  of  the  worher; 

The  needs  of  the  individual  or  of  the  family ; 

The  needs  of  pin  money  workers; 

The  mode  or  standard  of  living; 

The  danger  and  difficulty  of  the  occupation; 

The  regularity  of  the  luorh; 

The  chance  of  success  or  advancement; 

Local  or  trade  traditions; 

The  number  of  workers  available; 

Organization  of  the  workers; 

Organization  of  the  employers; 

The  size  of  the  profits. 

Please  number  these  in  order  of  their  importance,  striking  out 
those  you  consider  unimportant  and  adding  any  other  you  desire. 
Please  discuss  these  factors  as  fully  as  possible. 

D.  B.  Armstrong 

It  seems  to  me  to  be  rather  difficult  to  give  a  grading  to  the 
suggested  etiological  factors.  I  suppose  organization  might  come 
first  and  then  possibly  the  mode  and  standard  of  living.  It  does 
not  seem  to  be  very  important  to  attempt  a  classification  of  these 
factors,  for  they  are  all  more  or  less  of  a  certain  type.  They 
are,  of  course,  of  direct  immediate  influence  on  the  rate  of  wages, 
but  there  seem  to  me  to  be  much  more  important  factors  not 
included  in  the  list,  which  are  of  decidedly  more  fundamental 
significance  and  are  of  underlying,  perhaps  predisposing  indirect 
influence  in  contrast  to  the  factors  enumerated.  I  have  in  mind 
the  lack  of  a  socialized  organization  for  carrying  on  the  work 
of  the  world  resulting  in  poverty,  destitution  and  unrest;  an 
entirely  inadequate  system  of  education,  both  cultural  and  voca- 
tional, resulting  in  a  class  of  ignorant  and  unimaginative  toilers ; 
and  a  lack  of  economic  independence  of  one-half  of  mankind  — 
the  female  half. 


4:26  Appendix  III 

O.  L.  Amer 
Wages  are  determined  primarily  by  the  cost  of  the  production 
of  a  laborer.  That  is,  wages  on  the  average  will  be  just  high 
enough  to  maintain  the  laborer  and  a  family  of  the  average  size, 
with  some  assistance  from  wife  and  children  at  the  current  and 
slowly  rising  standard  of  living.  For  short  periods  wages  vary 
according  to  the  supply  of  and  the  demand  for  labor.  Labor  is 
simply  a  commodity  under  modern  industrial  conditions  and  its 
price  (wages)  is  governed  by  the  same  laws  as  govern  the  prices 
of  commodities.  Organization  of  laborers,  through  collective  bar- 
gaining, tends  to  increase  wages,  but  the  effect  of  such  organiza- 
tion is  largely  counterbalanced  by  the  organization  of  the  em- 
ployers. The  other  factors  suggested  may  have  local  or  transitory 
effect  on  wages  in  a  community  or  the  wages  of  an  individual, 
except  the  "  needs  of  the  individual  and  his  family,"  which  can 
have  very  little  if  any  effect  on  wages. 

Selden  Bacon 

I  have  no  doubt  that  each  of  the  twelve  matters  suggested  is  a 
factor ;  and  there  are,  I  thinlv,  other  factors  not  mentioned  —  in 
particular,  the  value  of  money,  which  I  do  not  find  mentioned 
in  any  way.  Also  there  should  be  mentioned  the  possibility  of 
earnings  in  other  lines,  and,  incidental  to  that,  the  available  unoc- 
cupied land,  and  also  social  conditions  in  different  lines. 

Some  of  the  factors  you  have  mentioned  impose  maximum 
limitations  on  wages.  Others  impose  minimum  limitations ;  and 
I  think  you  would  get  a  clearer  understanding  of  the  problem 
if  you  should  work  out  the  direction  of  each  force  that  is  men- 
tioned. That  is  a  labor  requiring  some  study.  Some  of  these 
factors  are  indispensable;  others  are  not. 

Fundamentally,  I  disagree  entirely  with  the  wage  fund  theory 
of  political  economy,  although  I  appreciate,  as  everyone  must, 
that  available  cash  working  capital  facilitates  production,  and 
facilitates  turning  wages  into  cash  compensation. 

I  would  classify  on  the  one  side  together  as  absolute  maximum 
limitations  on  possible  wages  the  efficiency  of  the  worker  and  the 
size  of  the  profits.  In  a  sense,  these  two  factors  are  identical. 
Wages,   except  in  experimental  enterprises,  normally  come  out 


QUESTIONAIRE    ON    WaOE    PrOBLE^M  42iT 

of  the  product.  The  size  of  the  profits  on  the  work  of  any  indi- 
vidual worker  necessarily  depends  on  his  efficiency.  The  collec- 
tion of  large  bodies  of  workers  in  the  same  line  tends  to  average 
the  wages  of  the  body,  except  in  cases  of  piece-work,  and  even 
there  in  some  degree. 

On  the  minimum  side,  the  boundaries  are  clearly  set  by  the 
actual  needs  to  support  life.  And  next  in  importance  to  this  as 
a  minimum  boundary,  is  what  the  wage  earner  can  get  in  other 
occupations  open  to  him.  Between  these  maximum  and  mini- 
mum factors  there  is  room  for  the  play  in  a  minor  measure  of 
all  the  other  items  that  you  mention. 

In  most  occupations  the  needs  of  pin-money  workers  should  be 
regarded  in  my  judgment  as  of  comparatively  slight  importance, 
because  workers  of  that  class  are  to  a  great  extent  limited  in  their 
kinds  of  occupation,  and  in  their  capacities.  They  are,  of  course, 
a  factor,  and  in  certain  particular  lines  of  labor  not  highly  skilled 
they  constitute  a  considerable  competitive  force;  but  looked  at 
from  the  standpoint  of  cost  of  production,  it  seems  to  be  rather 
a  question  of  whether  the  pin-money  worker  is  getting  due  com- 
pensation or  not.  In  other  words,  as  a  rule  the  pin-money 
worker  makes  a  gift  to  the  employer  of  services  for  less  than 
their  value,  but  workers  of  this  class  are  not  apt  to  appear  in 
branches  of  industry  requiring  any  high  degree  of  training,  and 
their  efficiency  is  apt  to  be  low. 

There  is  another  factor  which  in  certain  lines  of  occupation 
operates  very  strongly,  which  I  do  not  see  mentioned  in  your 
list.  That  is  the  social  position  of  the  worker.  For  the  class 
of  service  rendered,  that  is,  for  the  amount  of  training  and  skill 
it  takes  to  perform  the  service,  there  is  probably  no  more  highly 
compensated  form  of  labor  than  that  of  domestic  service;  and 
this  high  compensation  seems  to  be  induced  very  largely  by  the 
social  position  and  lack  of  social  opportunity  open  to  a  domestic 
servant.  On  the  other  hand,  it  seems  to  me  that  the  danger  of 
an  occupation  generally  is  not  duly  allowed  for.  The  chance 
of  success  or  advancement,  except  in  a  minority  of  cases,  seems 
to  me  to  be  over-rated,  as  in  the  long  run  that  chance  is  governed 
more  by  the  capacities  of  the  individual  than  the  nature  of  the 
employment.     The  number  of  workers  available  is  in  my  opinion 


428  Appendix  III 

apt  to  be  given  undue  prominence,  as  it  is  more  dependent  on 
the  unwillingness  of  workers  to  turn  their  hands  to  some  different 
occupation,  than  on  any  other  factor,  as  compared  with  the 
amount  of  work  to  be  done.  Organization  of  workers  and  organ- 
ization of  employers  are  undoubtedly  factors,  but  I  think  that 
undue  prominence  is  generally  given  to  these.  They,  of  course, 
tend  to  offset  one  another. 

The  great  trouble  with  the  organization  of  workers,  today,  is 
that  those  organizations  are  generally  not  directed  to  the  promo- 
tion of  efficiency  of  the  workers,  and  I  hope  the  day  will  come 
when  that  factor  will  be  duly  recognized  by  all  the  labor  unions 
as  a  vital  need  of  their  organization. 

Another  factor  that  1  think  should  never  be  overlooked  is  the 
willingness  of  the  worker  to  do  an  honest  day's  work  for  an 
honest  day's  pay.  Other  factors  that  must  be  regarded  are,  that 
not  only  efficiency  but  honesty  and  trustworthiness  must  be  paid 
for. 

Lloyd  V.  Ballard 

I  believe  that  the  efficiency  of  the  worker  is  the  primary  factor 
which  determines  the  rate  of  wages  paid  either  to  the  individual 
worker  or  to  the  different  groups  of  workers.  Differences  in 
skill,  in  capacity,  are  the  fundamental  differences  in  workers 
from  the  employers'  standpoint.  These  are  factors  which  de- 
termine whether  a  given  worker  shall  receive  $1.50  or  $7  a  day 
for  his  services.  Differences  in  efficiency  mean  differences  in  the 
quality  and  sometimes  in  the  quantity  of  the  service  rendered. 
These  differences  in  the  quality  and  quantity  of  the  service  ren- 
dered are  reflected  in  differences  in  the  rate  of  wages  paid.  This 
explains  the  difference  in  the  rate  of  wages  paid  to  the  engineer 
on  the  locomotive  and  his  fireman  or  the  man  on  the  section  gang ; 
it  accounts  for  a  difference  in  return  to  the  hod-carrier  and  the 
master  mason. 

In  conjunction  with  this  factor  of  efficiency  the  supply  of  any 
particular  kind  of  labor  must  be  considered.  Efficiency  alone 
does  not  account  for  all  differences  in  wages  received.  Supply 
must  always  be  checked  up  with  demand  in  any  attempt  to  de- 
termine the  rate  of  return  to  any  of  the  factors  of  production. 
This  factor  of  supply  is  equal  in  importance,  almost,  with  the 


QUESTIONAIRE    ON    WaGE    PrOBLEM  429 

factor  of  efficiency,  although  at  present  the  training  necessary  to 
the  making  of  a  skilled  worker  has  operated  to  limit  supply. 
But  these  differences  in  supply,  however  caused,  explain  particu- 
larly the  differences  in  the  wages  received  by  particular  groups  — 
for  example,  teachers  and  lawyers. 

It  is  difficult  to  answer  this  question  in  a  few  words.  Many 
qualifications  are  necessary  if  one  is  to  approximate  accuracy. 
If  I  were  to  answer  the  question  in  one  sentence  1  should  say 
that  wages  were  determined  'primarily  by  the  efficiency  of  the 
worker,  the  supply  of  the  particular  kind  of  labor  in  question 
determining  the  return  within  the  group. 

There  are  particular  factors  which  operate  in  particular  in- 
dustries and  which  cannot  be  enumerated  here.  The  other 
factors  mentioned  on  the  questionnaire  are  such  factors.  The 
danger  involved  explains  why  steeple-climbers  get  more  than 
other  occupations  involving  an  equal  amount  of  skill.  The  regu- 
larity of  the  work  accounts  for  the  difference  in  the  wages  of  the 
seasonal  trades  and  the  year-round  employments.  Again,  chance 
of  success  or  advancement  explains  why  a  particular  worker  will 
enter  one  trade  or  another.  Likewise  with  the  agreeableness  or 
disagreeableness  of  the  occupation.  Nothing  fundamental  is  in- 
volved. Labor  organizations  and  employers'  associations  may 
temporarily  raise  or  lower  wages  in  a  particular  industry.  They 
may  determine  the  plane  upon  which  the  factors  of  efficiency  and 
supply  shall  operate.  The  other  factors  mentioned  explain 
effects,  not  causes. 

L.  Bamet 

To  number  the  twelve  factors  in  the  order  of  their  importance 
is  practically  impossible.  With  the  exception  of  the  third  and 
the  eighth  we  think  each  one  may  either  control  or  else  be  a 
strong  contributing  factor  to  the  rate  of  wages  under  certain  con- 
ditions. 

The  needs  of  the  individual  or  of  the  family  cannot  in  any 
properly  conducted  commercial  enterprise  be  a  determining  factor 
in  the  rate  of  wages,  except  in  isolated  cases  where  philanthropic 
considerations  have  been  allowed  to  control.  If  this  were  not  the 
case  industry  would  put  a  premium  on  shiftlessness  by  making 
the  employee  feel  that  society  was  indebted  to  him  for  a  living, 


430  Appendix  III 

not  only  for  himself,  but  for  as  large  a  family  as  he  cared  to 
raise. 

The  mode  or  standard  of  living  and  the  number  of  workers 
available  appear  to  be  two  factors  whose  operation  is  dependent 
one  on  the  other.  Where  the  number  of  workers  is  unlimited  the 
mode  or  standard  of  living  is  correspondingly  depressed.  Where, 
however,  there  is  a  balance  between  the  supply  and  demand  of 
labor,  the  mode  or  standard  of  living  is  very  apt  to  be  an  im- 
portant determining  factor  in  the  rate  of  wages. 

The  danger  and  difficulty  of  the  occupation,  the  regularity  of 
the  work,  and  the  chance  of  success  and  advancement,  are  neces- 
sarily factors  which  control  only  in  a  limited  number  of  in- 
dustries. 

As  to  the  organization  of  the  workers,  this  in  skilled  trades  is 
an  important  factor  in  determining  the  rate  of  wages.  In  un- 
skilled trades,  however,  we  do  not  think  it  has  ever  been  of  great 
importance. 

So  far  as  we  know  the  organization  of  employers  has  in  no  way 
affected  the  rate  of  wages. 

Gertrude  Bamum 

a.  The  number  of  workers  available. 

b.  Organization  of  the  workers. 

c.  Organization  of  the  employers. 

d.  Local  or  trade  traditions. 

e.  The  efficiency  of  the  worker. 

f.  The  danger  and  difficulty  of  the  occupation. 

g.  The  chance  of  success  or  advancement, 
h.  The  regularity  of  the  work. 

i.    The  size  of  the  profits. 

j.  The  needs  of  the  individual  or  of  the  family. 

k.  The  mode  or  standard  of  living. 

1.   The  needs  of  pin  money  workers. 

George  Gordon  Battle 

All  of  the  factors  which  you  mention  seem  to  me  to  be  im- 
portant in  determining  the  rate  of  wages.     But  under  our  present 


QuESTiONAiBE  ON  Wage  Peoblem  431 

system  the  rate  of  wages  is  governed  by  the  law  of  supply  and 
demand,  except  in  so  far  as  that  law  has  been  modified  by : 

(a)  The  organization  of  the  workers,  and 

(b)  The  desire  of  employers,  either  of  their  own  accord  or 
from  the  pressure  of  public  opinion,  to  give  such  wages  as  will 
allow  the  employee  to  maintain  a  reasonably  decent  standard  of 
living  according  to  modern  conditions. 

Emma  B.  Beard 

The  factors  in  determining  wages  with  which  we  are  best 
acquainted  are: 

(a)  Organization  of  the  employees. 

(b)  The  attitude  of  the  individual  employer.  Recent  wage 
studies  in  Boston  in  the  candy  factories,  and  in  Ohio  in  the  stores, 
bring  this  out  very  forcibly. 

(c)  The  number  of  workers  available  in  industries  where  the 
workers  are  unskilled  and  unorganized. 

Holmes  Beckwiih 

a.  Efficiency:  This,  I  believe,  is  in  the  main,  the  great 
determinant  of  hidividual  or  group  wages.  Care  must  be  used, 
however,  in  understanding  this  word,  that  too  much  idealism  and 
social  desirability  be  not  read  into  it.  Otherwise  stated,  it  is 
value  (or  importance)  of  service  to  the  purchaser  of  that  service. 
The  purchaser  s  judgment  may  he  in  error,  or  the  service  which 
he  wishes  he  of  positive  harm  to  society,  as  in  case  of  services 
pandering  to  vice.  Since,  however,  competition  results,  so  far  as 
competition  is  free,  in  the  sale  of  services  to  the  highest  hidder 
(other  advantages  of  the  work  than  its  wage  being  considered,  and 
also  disadvantages),  a  wage  iisually  expresses  much  more  than 
one  individual's  estimate  of  the  services,  and  is  in  some  sense  a 
reflection  of  what  may  he  called  "  the  social  mind  "  and  its  likes 
and  dislikes. 

b.  Demand:  One  of  the  two  great  factors  which  together 
mainly  cause  efficiency,  or  value  of  service,  to  be  what  it  is.  The 
greater  the  demand,  other  things  equal,  the  greater  the  value  of  a 
given  service,  and  vice  versa. 


432  Appendix  III 

c.  Numbers  of  workers:  A  coordinate  cause  or  determinant, 
with  demand,  of  the  efficiency,  or  value  of  service,  of  a  group  or 
individual.  It  must  be  understood  that,  with  reference  to  any 
given  kind  of  work,  as  carpentry,  the  numbers  in  question  are 
only  those  capable  of  doing  such  work  (technically  efficient)  and 
available  otherwise. 

d.  Organization  of  the  workers :  Directly,  this  affects  wage  fre- 
quently, by  superior  bargaining  and  superior  knowledge  of  oppor- 
tunities and  of  value  of  service.  Superior  bargaining  power  can- 
not (in  absence  of  labor  monopoly,  or  of  rank  ignorance  of  em- 
ployer) raise  wages  above  value  of  service  to  the  purchaser,  but  it 
can  and  often  does  keep  them  up  to  such  value  of  service,  in  the 
face  of  changes  of  price  level,  demand,  etc.,  which  might  cause 
wage  paid  to  be  less  than  value  of  service  stated  in  money.  Or- 
ganization of  workers  often  increases  value  of  service  by  in- 
creasing technical  efficiency,  through  stimulus  to  sobriety,  to  in- 
dustrial education,  etc. 

6.  Local  or  trade  traditions :  If  competition  were  perfect,  wage 
would  equal  value  of  service  (which  always  means  value  of  service 
of  the  marginal  man  or  men) .  It  is  not  perfect,  however,  because 
of  ignorance,  difficulty  of  movement  of  workers,  etc.,  etc.  In  the 
face  of  such  facts  (economic  friction),  local  or  trade  traditions, 
which  represent  past  adjustments,  continue  and  determine  wages 
directly,  or  influence  them  markedly. 

f.  Size  of  profits :  Influences  demand  for  labor.  This  influence 
might  be  said  to  be  through  its  effect  on  prospective  profits.  These 
two  factors  might  be  given  importance  co<>rdinate  with  (d)  and 
(e).  Size  of  profits  may  sometimes  influence  value  of  service  in 
this  sense, —  that  if  profits  be  high,  it  may  pay  to  hire  a  better 
grade  of  labor  for  that  establishment,  it  being  technically  more 
efficient. 

g.  Cost  of  preparation :  Includes  all  difficulties  in  preparation. 
The  greater  the  costs  and  difficulties,  the  fewer  will  reach  the  trade. 

h.  Needs,  or  standard  or  living :  Much  the  same  thing,  and  have 
like  effects.  Their  chief  effect  is  through  numbers,  and  this 
effect  it  takes  a  generation  to  show.  The  higher  the  standard  of 
living  the  more  likely  is  limitation  of  family  to  ensure  the  attain- 
ment or  continuation  of  a  plane  of  living  corresponding  with  this 


QUESTIONAIEE    ON    WaGE    PeOBLEM 


433 


standard.  A  lesser  effect  is  on  economic  efficiency  or  value  of 
service,  through  stimulus  to  the  attainment  of  technical  efficiency, 
by  industrial  education  or  otherwise. 

i.  I^eeds  of  pin-money  workers.  Of  slight  importance.  Those 
needs  merely  increase  numbers  in  some  trades. 

j.  Dangers  and  difficulties:  might  be  enlarged  to  be  Net  At- 
tractiveness or  the  reverse  of  the  work.  So  far  as  free  to  choose, 
workers  choose  that  work  whose  total  attractions  are  greatest  to 
them.  Wage  is  one,  usually  the  most  important  single  element. 
The  greater  the  attractiveness  to  workers  (accurately  speaking, — 
to  the  marginal  workers  in  the  trade  in  question)  the  less  will  be 
the  wage  in  that  trade,  and  vice  versa.  All  this  not  as  judged  by 
outsiders,  but  by  the  men  choosing.  That  work  which  requires 
qualities  which  but  few  possess  will  have  fewer  workers,  and  this 
will  affect  their  wage  favorably,  and  vice  versa. 

k.  Organization  of  employers:  By  fighting  tactics,  opposing 
unions  and  their  strengthening  of  workers'  bargaining  power,  and 


ORCr*NI2.A-riON 


BIFFICWt-TIES 


■RE-LA-riVE 
DlFFICfL-TY 
OF    WORK 


CHANCE  OF 
SUCCe-S3  OR 
APVANCgWEWT 


OF     WORK 


434  Appendix  III 

otherwise,  employers'  organizations  can  often  be  enabled  to  pay 
wages  less  than  the  economic  efficiency  of  their  workers,  or  value 
of  their  services.  This  cause  is  perhaps  coordinate  with  (d) 
and  (e). 

1.  Regularity  of  work:  To  be  considered  in  connection  with 
wage  per  day,  week,  etc.  Affects  numbers  who  choose  a  given  oc- 
cupation, or  may  be  considered  to  affect  wage  directly,  in  the  sense 
of  daily  or  weekly  wage  when  employed,  and  not  in  the  sense  of 
average  yearly  earnings. 

Harry  Best 

a.  The  number  of  workers  available. 

b.  The  efficiency  of  the  worker. 

c.  The  size  of  the  profits. 

d.  Organization  of  the  workers. 

e.  Organization  of  the  employers. 

f.  Local  or  trade  traditions. 

g.  The  regularity  of  the  work. 

h.  The  mode  or  standard  of  living. 

i.  The  needs  of  the  individual  or  of  the  family, 
j.  The  needs  of  pin-money  workers, 
k.   The  danger  and  difficulty  of  the  occupation. 

1.  The  chance  of  success  or  advancement. 

I  do  not  think  ''  j  "  (the  needs  of  pin-money  workers)  is  a  very 
important  factor,  at  least  in  the  city  of  New  York.  The  matter  of 
supplementing  the  total  wages  of  a  family  is  a  quite  different 
thing;  and  the  question  of  the  inter-relation  of  v^ages  of  various 
members  of  a  family  in  a  family  budget  is  deserving  of  consider- 
able attention.  Ability  to  speak  English ;  the  presence  or  absence 
of  one's  immediate  family,  including  the  question  of  whether  a 
worker  is  living  alone;  the  age  at  which  school  attendance  was 
discontinued;  the  opportimity  of  learning  a  trade;  and  the  use 
made  of  such  opportunity  —  these  are  some  other  factors  which 
are  not  to  be  neglected. 

Roy  G.  Blahey 

In  so  far  as  competition  among  employers  and  employees  is  free, 
and  in  so  far  as  laborers  can  easily  change  from  one  location  to 


QuESTioNAiEE  ON  Wage  Pboblem  435 

any  other  and  from  one  occupation  to  another,  wages  tend  to  ap- 
proximate the  value  of  what  they  produce.  To  put  it  in  another 
way,  what  one  laborer  receives,  or  what  a  group  of  laborers  re- 
ceive if  they  combine  and  have  to  be  employed  as  a  group  or  not  at 
all,  tends  to  approximate  the  net  amount  they  add  to  the  employer's 
returns.  He  can  not  pay  the  individual  laborer,  or  the  group  if  all 
work  together,  "much  less  than  this,  for  in  that  case  a  competing 
employer  would  pay  them  more  than  he  would. 

The  needs  of  his  family  or  his  standard  of  living  does  not  have 
just  the  kind  of  influence  that  most  people  think.  His  employer 
pays  him  for  what  he  produces  for  him  and  not  for  what  his  family 
consumes  or  needs.  In  one  sense,  the  strictly  business  sense,  his 
family  needs  and  standard  of  living  is  a  matter  with  which  his 
employer  is  not  concerned  directly.  It  is  true  that  few  employers 
are  without  sentiment  and  his  needs  (if  the  employer  knows  him 
personally)  may  cause  him  to  be  considerate  and  employ  him 
rather  than  some  single  fellow  who  is  more  efficient  but  whose 
needs  are  less.  A  better  standard  of  living  may  make  the  laborer 
somewhat  more  efficient,  and  hence  produce  a  greater  output-value, 
and  in  this  way  have  a  favorable  eifect  upon  wages ;  but  this  is  not 
very  important  after  the  point  of  ordinary  necessaries  of  life  is 
reached.  Furthermore,  laborers  with  high  standards  of  living 
may  hold  out  more  rather  than  take  a  reduction,  and  thus  prevent 
reductions  in  cases  where  the  employer  does  not  have  to  make 
them ;  but  if  wages  are  higher  than  the  value  of  the  output,  he  will 
have  to  cut  them  or  shut  down  to  avoid  bankruptcy  in  spite  of  all 
standards  of  living. 

A  high  standard  of  living  may  affect  wages  in  another  important 
way.  Most  people  dislike  very  much  to  go  below  any  standard  they 
have  once  become  accustomed  to,  even  though  they  may  at  one 
time  have  lived  very  modestly  indeed.  Kather  than  risk  such  re- 
duction, they  have  fewer  children  and  maintain  their  standard. 
These  few  children  they  can  educate  and  accustom  to  high  stand- 
ards and  they  are  likely  to  be  efficient  and  thus  receive  high  wages 
or  salaries  instead  of  falling  into  the  large  class  of  unskilled  where 
wages  are  low  (that  is,  where  the  value  of  the  product  of  the 
marginal  laborer  is  low,  and  hence,  wages  low).  This  limitation 
of  the  birth  rate  would  probably  result  in  much  higher  wages  in  the 


436  Appendix  III 

United  States  in  the  course  of  a  generation  if  there  were  no 
immigration. 

If  the  employers  combined,  if  they  formed  an  absolute  monopoly 
they  could  fix  wages  at  any  point  they  wished,  however  low,  if  they 
could  and  would  stand  out  without  compromise  for  the  best  terms 
—  that  is,  if  they  had  a  reserve  upon  which  to  live  for  a  good  while 
and  the  workers  were  not  so  situated,  as  is  sometimes  the  case. 
Strike  benefits  overcome  part  of  this  difficulty  for  the  workers.  Of 
course,  if  laborers  were  not  paid  enough  to  live,  they  would  gradu- 
ally die  off  and  that  would  fix  a  limit  to  the  low  wages  the  employer 
could  afford  to  pay  in  the  long  run.  Though  employers  often  have 
tight  combinations,  exceedingly  tight  agreements  seldom  are  stood 

by. 

As  to  regularity  of  work,  and  danger  and  difficulty :  Insofar  as 
these  drawbacks  are  foreseen  and  hence  the  number  going  into 
these  occupations  lessened,  the  marginal  product  is  kept  greater 
and  there  tends  to  be  higher  wages  in  these  occupations.  But 
there  is  a  tendency  for  laborers  to  under-estimate  risk  and  irregu- 
larity of  employment,  and  hence  wages  do  not  tend  to  be  as  much 
more  as  they  should  be  to  make  up  for  risk,  particularly  if  they 
do  not  require  much  preparation  to  enter. 

E.  W.  Bloomingdale 

There  always  has  been,  and  there  always  will  be,  a  divergence 
between  the  wages  the  employer  is  willing  or  able  to  pay  and  the 
compensation  the  employee  desires  or  can  demand  for  his  labor. 
To  the  former,  the  question  is :  How  can  I  afford  to  pay  with  ad- 
vantage to  my  enterprise?  To  the  latter:  How  much  can  I  get, 
regardless  of  whether  the  enterprise  is,  or  will  continue,  success- 
ful or  not  ?  Nor  is  the  term :  "  How  much  can  I  afford  to  pay  " 
a  mere  euphemism  for:  "What  is  the  least  I  must  pay."  No 
employer  can  fix  the  rate  of  wages.  It  is  true  he  can  name  the 
amount  he  is  willing  to  give,  and  perhaps  he  can  fill  his  estab- 
lishment with  those  willing  to  accept  his  terms;  but  invariably 
those  who  are,  or  those  who  become,  efficient  will  demand  a  higher 
wage  in  due  course  and  receive  it,  or  they  will  look  elsewhere  for 
opportunity  to  obtain  an  adequate  return  for  their  labor. 

I  should  separate  the  twelve  factors  which  have  been  suggested 


QUESTIONAIEE    ON    WaGE    PrOBLEM  -  437 

as  answers  to  the  above  question  from  your  questionnaire  as  deter- 
mining the  rates  of  wages  of  groups  of  works,  into  two  classes, 
namely : 

1,  The  efficiency  of  the  worker ; 
The  mode  or  standard  of  living; 
The  number  of  workers  available; 
The  size  of  the  profits. 

I  believe  these  four  factors  influence  employers  in  estimating 
the  value  of  the  service  demanded,  though  I  do  not  think  it  neces- 
sary to  give  much  attention  to  mere  size  of  profit  as  an  element 
in  the  fixing  of  wages. 

2.  The  needs  of  the  individual  or  of  the  family ; 
The  needs  of  pin-money  workers ; 

The  danger  and  difliculty  of  the  occupation ; 
The  chance  of  success  or  advancement ; 
Local  or  trade  traditions; 
Organization  of  the  workers ; 
The  regularity  of  the  work. 

These  I  believe  are  wholly  matters  for  the  consideration  of  em- 
ployees, either  in  the  mass  or  as  individuals. 

The  remaining  suggestion,  the  organization  of  employers,  I 
discard  altogether.  I  do  not  believe  it  could  be  a  permanent,  or 
even  a  temporary,  factor  of  importance,  and  this  opinion  is  based 
on  an  experience  of  many  years. 

I  do  not  think  it  necessary  to  give  much  attention  to  mere 
size  of  profits  as  an  element  in  the  fixing  of  the  individual  wage. 
This  is  especially  true  in  those  lines  of  business  which  can  be 
conducted  in  large  volume  with  relatively  few  employees,  or  in 
which  special  qualifications  are  required,  as  for  example  commis- 
sion houses,  offices  of  large  corporations,  jewellers,  decorators, 
specialty  merchants  and  the  like.  Here  the  item  of  wages  is  of 
comparatively  small  importance  and  is  regulated  usually  by  the 
personal  equation.  A  few  dollars  a  week  to  each  of  a  few  em- 
ployees makes  but  little  impression  on  the  profits  of  the  business. 

R.  M.  Bradley 

a.  The  number  of  workers  available. 

b.  The  result  of  the  mode  or  standard  of  living. 


438  Appendix  III 

The  basic  cause,  alt'ectiug  the  general  level  of  wages  and  living 
standards  among  the  wage  earners  of  the  United  States,  is  the 
enormous  increase  of  the  ocean  transportation  interest,  with  ac- 
companying improvement  and  cheapening  of  transportation 
facilities  for  immigrants.  It  is  this  that  differentiates  our  own 
time  from  preceding  periods. 

In  this  transportation  business  many  hundred  millions  of  in- 
vested money  are  now  at  stake,  and  its  vast  fleets  must  be  supplied 
with  a  constant  stream  of  steerage  passengers  if  owners  are  to 
escape  loss  under  present  financial  adjustment.  The  result  of 
this  has  been  the  creation  of  an  army  of  agents  spread  throughout 
Europe  and  Western  Asia,  whose  livelihood  depends  upon  send- 
ing a  continuous  stream  of  immigrants  into  'the  American  labor 
market.  With  this  system  in  full  action,  it  can  safely  be  said 
that  in  our  present  day  the  small  cost  of  transportation  impeding 
the  immigrant's  coming  is  a  lesser  force  than  this  force  that  urges 
the  immigrant  to  come,  regardless  of  any  benefit  that  he  himself 
may  derive  from  coming. 

The  fact  that  this  labor  supply  has  in  it  much  material  for 
good  citizenship  has  nothing  to  do  with  the  bad  effect  of  its  mere 
abundance  upon  all  laborers.  ISTo  one  would  claim  that  if  only 
you  have  good  enough  wheat  you  cannot  break  the  market  with 
an  indefinite  supply,  and  yet  we  hear  constantly  the  sententious 
claim  that  we  cannot  suffer  from  too  many  good  laborers. 

Thus,  in  nimiberless  places  within  easy  reach  of  our  immigrant 
stations,  we  see  the  workmen's  standard  of  living  reduced  below 
what  is  a  proper  American  standard,  and  within  these  zones  we 
are  now  founding  immense  industries,  the  continued  existence  of 
which  appears  to  depend  upon  the  continuance  of  this  low  priced 
labor  market,  and  the  maintenance  of  an  un-American  standard  of 
living  among  their  workers. 

Edgar  D.  Bnnkerhoff 

a.  The  size  of  the  profits, 

b.  The  regularity  of  the  work. 

c.  The  danger  and  difiiculty  of  the  occupation. 

d.  The  chance  of  success  or  advancement. 

e.  The  efficiency  of  the  worker. 

f.  The  mode  or  sttandard  of  living. 

g.  The  needs  of  the  individual  or  of  the  family. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  439 

h.   The  needs  of  pin-money  workers. 

i.  Local  or  trade  traditions. 

j.  The  number  of  workers  available. 

k.  Organization  of  the  workers. 

1.  Organization  of  the  employees. 

These  factors  have  more  or  less  influence  in  special  cases; 
but  if  the  general  level  of  wages  were  high,  you  would  not 
bother  much  about  the  special  cases,  as  they  would  largely 
right  themselves.  Except  one,  the  above  twelve  factors  have 
iittle  to  do  with  the  general  level  of  wages.  The  one  factor  that 
is  responsible  for  the  prevailing  rate  of  wages  is  the  size  of 
profits. 

J.  L.  Burritt 
Wages  with  us  have  been  detemiined  almost  entirely  by  the 
efficiency  of  the  worker  and  the  size  of  our  profits.  The  only 
other  elements  mentioned  by  you  that  have  in  any  way  influenced 
our  rate  of  wages  have  been  the  difficulty  of  the  occupation  and 
the  regularity  of  the  work. 

Henry  L.  Caiman 
We  believe  that  wages  are  mainly  determined  by  the  minimum 
cost  of  living,  the  number  of  workers  available  in  any  particular 
occupation,  and,  of  course,  the  regularity  of  the  work. 

Charles  L.  Chute 

a.  Competition. 

b.  The  number  of  workers  available. 

c.  Organization  of  workers. 

d.  Organization  of  the  employers. 

e.  The  efficiency  of  the  worker. 

f.  The  needs  of  pin-money  -workers. 

g.  Local  and  trade  traditions. 

Victor  8.  Clark 

/ 1 X    /  The  efficiency  of  the  worker. 
^   '^   \  The  mode  or  standard  of  living. 

,         r  The  regularity  of  work. 
^    ^    \  Organization  of  workers. 

f  Organization  of  employers. 
(3)    ■{   Danger  and  difficulty  of  the  occupation. 
Needs  of  pin-money  workers. 


440  Appendix  III 

Speaking  from  observation  of  comparative  conditions  in  dif- 
ferent countries,  I  should  say  that  those  marked  "  1  "  are  primary 
influences  in  determining  the  rate  of  wages.  The  efficiency  of 
the  worker  and  his  standard  of  living  both  affect  the  prosperity 
of  industries  and  are  antecedent  causes  to  other  conditions.  In 
countries  where  labor  is  efficient  and  the  standard  of  living  high, 
so  far  as  I  have  observed,  the  rate  of  wages  is  usually  high, 
whether  the  workers  are  organized  or  not;  but  in  such  countries 
workers  are  apt  to  be  organized. 

In  the  second  class  I  have  placed  trade  unions  and  regularity 
of  work,  as  I  have  observed  that  union  labor  is  usually  better  re- 
munerated than  non-union  labor,  and  that  the  annual  earnings  of 
workers  regularly  employed  in  most  instances  exceed  those  of 
workers  irregularly  employed. 

In  the  third  group  I  have  placed  organizations  of  employers, 
which  seem  to  me  less  effective  in  influencing  wages  than  or- 
ganizations of  workers.  The  chance  of  advancement  and  the 
danger  and  difficulty  of  an  occupation  may  be  important  factors 
in  particular  trades,  but  do  not  seem  greatly  to  affect  the  general 
wage  level  of  all  labor.  Wages  are  highest  perhaps  where  the 
chances  of  advancement  are  most  numerous,  and  they  are  lowest 
in  some  of  our  most  dangerous  occupations,  especially  if  we  in- 
clude occupational  and  industrial  diseases.  The  needs  of  pin- 
money  workers  determine  wages  in  certain  occupations,  but  not 
the  general  compensation  of  large  groups. 

Miles  M.  Dawson 
Chiefly,  in  my  opinion,  the  standard  of  living  and  the  or- 
ganization of  workmen.  Undoubtedly,  back  of  the  standard  of 
living,  are  the  needs  of  the  individual  and  the  family  (which 
markedly  affects  wages  in  occupations  which  women  seek,  because 
they  do  not  usually  have  such  burdens  upon  them),  and  the  means 
which  render  it  possible  to  pay  the  wages  are  the  scale  of  prices 
of  the  commodities  determined  by  competition  in  the  markets. 
The  chief  factors,  as  stated,  are  "  the  mode  or  standard  of  living  " 
and  "  organization  of  the  workers."  The  "  regularity  of  the 
work  "  in  certain  seasonal  occupations  causes  the  scale  to  be  con- 
siderably increased  so  as  to  provide  in  part  for  periods  of  idle- 


QUESTIONAIRE    ON    WaGE    PrOBLEM  441 

ness.  "  The  needs  of  the  individual  or  of  the  family  "  are  the 
basis  for  '*  the  mode  or  standard  of  living "  and  as  such  are 
effectual ;  but  the  needs  of  a  particular  individual  or  of  a  particu- 
lar family  have  little  effect  or  none,  except  sometimes  to  cause 
the  workman  to  accept  much  less  than  he  actually  requires  rather 
than  not  be  employed  at  all.  Undoubtedly,  as  regards  some 
trades  where  the  need  of  minimum  wage  legislation  is  greatest, 
"  the  needs  of  pin-money  workers,"  that  is,  of  workers  who  are  in 
part  supported  by  parents  or  other  members  of  the  family,  tend 
to  lower  the  wage  below  the  living  point.  I  have  made  consider- 
able investigation  of  the  matter  and  am  of  the  opinion  that  "'  the 
danger  and  difficulty  of  the  occupation  "  has  very  little  to  do  with 
wages.  Some  of  the  most  dangerous  and  hardest  occupations  are 
the  most  poorly  paid.  However,  when  there  is  excellent  organiza- 
tion this  may  be  made  a  ground  for  a  demand  for  good  wages,  such 
as  ought  really  to  be  paid.  "  The  chance  of  success  or  advance- 
ment "  and  "  the  size  of  the  profits  "  have  very  little  to  do  with  the 
wage  scale,  though  the  former  does  occasionally  depress  wages 
and  the  latter  sometimes  increases  them. 

"  Local  trade  traditions  "  occasionally  have  a  good  deal  to  do 
with  fixing  wages,  but,  on  the  whole,  not  much,  except  when  en- 
forced by  trade  agreements  through  organizations  of  workmen. 
"  The  number  of  workers  available  "  usually  does  not  affect  the 
wage  scale  materially,  but  occasionally,  in  times  of  great  unem- 
ployment, it  does  add  to  the  distress  of  workmen  by  driving 
wages  below  the  living  point,  in  addition  to  leaving  great  num- 
bers unemployed.  Tn  my  opinion,  "  organization  of  the  employ- 
ers," while  often  intended  to  depress  wages,  is  usually  not  very 
effective  in  that  respect. 

Carroll  W.  Doten 
I  have  given  a  good  deal  of  attention,  first  and  last,  to  the  wage 
problem,  and  may  say  at  the  outset  that  no  theory  of  distribution 
in  the  text-books  has  proved  entirely  satisfactory  to  me  in  the 
the  matter  of  the  ultimate  determination  of  wages.  You  are 
doubtless  acquainted  with  the  various  theories  that  have  prevailed, 
and  especially  with  the  latest  one,  known  as  the  "  marginal 
productivity  theory."     I  have  talked  with  a  number  of  people 


442  Appendix  HI 

who  have  had  the  matter  of  determining  wage  controversies  in 
charge  in  this  country  and  in  other  countries,  and  I  never  found 
that  this  marginal  productivity  theory,  or  any  other  general 
theory  proved  of  much  assistance  in  the  determination  of  any 
specific  controversy. 

Your  questions  of  course  are  much  more  specific  and  cannot 
be  answered  by  any  theoretical  formula.  Taking  your  first  ques- 
tion, which  has  under  it  twelve  suggested  sub-questions,  I  may 
say  that  some  of  these  sub-questions  apply  to  individual  workers 
and  some  to  groups,  or  classes  of  workers.  There  is  no  question 
in  my  mind  but  that  each  one  of  the  things  that  you  mention  has 
some  effect  upon  the  wages  of  the  individual,  but  I  do  not  be- 
lieve that  any  one  of  the  points  which  you  mention  is  funda- 
mental, or  in  any  sense  universal  in  its  application,  except  pos- 
sibly the  first,  namely,  the  efiiciency  of  the  worker.  To  my  mind 
there  is  no  doubt  that  the  efficiency  of  the  worker  is  an  element 
in  determining  his  wage  under  practically  every  system  of  wage 
contract.  It  sometimes  seems  as  though  it  had  no  special  effect 
where  the  union  is  in  absolute  control,  and  where  a  uniform  wage 
scale  prevails,  and  yet  even  here  I  feel  that  in  the  long  run  the 
efficient  worker  will  be  given  more  regular  employment  and  will 
therefore  earn  a  larger  yearly  wage. 

It  would  take  too  long  to  discuss  the  details  of  the  other  in- 
fluences which  you  mention  as  affecting  the  rate  of  wages.  The 
needs  of  the  individual,  or  of  the  family,  may  work  either  way. 
In  some  cases  thev  tend  to  make  the  laborer  offer  his  services  for 
anything  that  he  can  get ;  in  other  cases  they  may  induce  him 
to  seek  and  find  better  terms  of  employment.  The  pin-money 
workers  may,  in  certain  cases,  for  short  periods,  like  other  sub- 
sidized laborers,  keep  wages  in  the  occupations  where  they  com- 
pete abnormally  low,  and  in  some  rarer  instances,  they  may  prac- 
tically dominate  an  industry  if  it  is  limited  territorially,  or  in  the 
amount  of  its  product.  The  mode  or  standard  of  living  has  its 
effect  upon  wages  in  several  ways ;  a  high  standard,  of  course, 
tends  to  make  laborers  more  efficient  and  energetic,  both  in  the 
performance  of  their  labor  and  in  the  making  of  labor  contracts. 
Aside  from  this,  perhaps  its  only  effect  is  that  which  the  old 
economists  have  attributed  to  it  of  preventing  too  rapid  an  in- 
crease in  population,  and  therefore  of  the  labor  supply. 


QUESTIONAIKE    ON    WaGE    PeOBLEM  44:3 

So  I  might  go  on  with  the  other  sub-heads  under  question  one. 
In  general,  I  may  say  that  I  believe  there  is  some  discounting 
of  danger,  irregularity,  chance  of  success,  etc.,  in  wage  contracts, 
whether  individually  or  collectively  made;  but  usually  the  dis- 
counting is  at  too  low  a  rate  and  the  added  compensation  is  in- 
adequate for  the  risk  involved.  I  believe  the  organization  of 
workers  has  without  doubt  tended  to  increase  wages.  It  is  im- 
possible, however,  to  demonstrate  this  satisfactorily.  On  the 
other  hand,  the  organization  of  employers  probably  has  retarded 
the  advance  of  wages.  The  size  of  profits  has  no  necessary  con- 
nection with  wages  paid,  but  it  is  noticeable  that  where  profits 
are  large,  under  monopolistic  conditions,  particularly,  wages  are 
usually  high  and  working  conditions  satisfactory. 

Elizabeth  Butcher 

a.  Local  or  trade  traditions. 

b.  The  number  of  workers  available. 

c.  Organization  of  the  employers. 

d.  The  needs  of  pin-money  workers  (in  some  trades). 

e.  Organization  of  the  workers  (where  there  is  strong  organiza- 

tion). 

f.  The  size  of  the  profits. 

g.  The  efiiciency  of  the  worker. 

h.  The  mode  or  standard  of  living. 

It  seems  to  me  that,  in  trades  where  there  is  no  strong  organiza- 
tion of  the  workers,  local  or  trade  traditions  are  the  strongest 
factor  in  fixing  the  wage  rate.  It  can  be  shown,  for  instance,  that 
wages  of  clerks  are  low,  even  where  the  number  of  such  workers 
available  is  not  large.  Among  native  American  workers  my  ex- 
perience is  that  the  standard  of  living  adapts  itself  to  wages,  in 
particular  instances ;  not  wages  to  standard  of  living.  This  state- 
ment is  based  on  personal  observation  of  the  different  standards 
of  printers  in  New  York  and  Philadelphia,  in  the  days  when 
Philadelphia  was  a  non-union  city  for  printers,  with  wages  little 
more  than  half  of  that  of  the  strongly  unionized  printers  in  New 
York.  Yet  it  is  doubtless  true  that  wages  as  a  whole  in  America 
reflect,  somewhat  dimly,  American  standards,  when  they  are  com- 
pared to  European  wages,  as  a  whole. 


444r  Appendix  HI 

George  Eastman 

a.  The  efficiency  of  the  worker. 

b.  The  number  of  workers  available. 

c.  The  mode  or  standard  of  living. 

d.  Local  or  trade  traditions. 

e.  Organization  of  the  workers. 

f.  The  needs  of  the  individual  or  of  the  family. 

Sarah  Elhus 

a.  Efficiency  of  the  worker. 

b.  The  number  of  workers  available. 

c.  The  danger  and  difficulty  of  the  occupation. 

d.  The  irregularity  of  the  work. 

e.  A  chance  of  success  or  advancement. 

f .  The  size  of  the  profits. 

Eliza  P.  Evans 

In  the  case  of  the  person  capable  of  making  her  own  bargains, 
adapting  herself  to  new  and  changing  conditions  and  capable  of 
pushing  herself  ahead,  I  believe  efficiency  and  personality  count 
almost  entirely. 

But,  when  one  is  considering  the  large  mass  of  working  women 
(I  believe  this  applies  to  men  also,  only  in  a  more  limited  sense), 
efficiency  is  only  one  small  factor.  The  number  of  pin-money 
workers  affects  wages  to  a  very  large  extent  in  mercantile  and 
telephone  and  to  some  extent  in  office  lines.  The  opportunity 
for  advancement  beyond  a  wage  that  would  cover  the  cost  of 
decent  living  is  a  very  important  factor.  The  organization  of 
the  employers  accompanied  by  the  trade  traditions  is  the  most 
important  factor  of  all. 

Employers  will  hire  help  as  cheaply  as  possible,  regardless  of 
profits,  cost  of  living,  etc, ;  and  the  younger,  less  experienced  and 
more  illiterate  the  supply  for  their  particular  labor  market  is, 
the  more  plastic  the  laborer  is  in  the  hands  of  the  employer.  The 
need  of  the  average  family  for  all  the  income  it  can  get  forces 
the  girl  to  take  whatever  employers  are  willing  to  give  her.  I 
find  the  general  level  of  wages  to  be  very  uniform,  particularly 
in  the  larger  communities  where  the  employers  are  well  organ- 
ized. Where  all  employers  adopt  this  unfair  method  of  making 
wage  contracts,  wages  are  bound  to  be  low.     This  proves  true 


QuESTiONAiEE  ON  Wage  Pboblem  445 

even  where  the  supply  of  labor  is  limited,  for  employers  do  not 
generally  offer  larger  wage  rates  in  order  to  obtain  more  em- 
ployees. 

The  fact  that  low  wages  are  so  nearly  uniform  in  most  lines 
of  industry  encourages  the  square  peg  to  stay  in  the  round  hole. 
One  result  to  be  hoped  for  from  minimum  wage  legislation  is 
that  as  employers  begin  to  consider  the  efficiency  of  the  individual 
worker  more  women  will  be  forced  to  find  employment  for  which 
they  are  best  fitted.  Under  present  industrial  conditions  any 
woman,  unless  she  is  mentally  defective,  will  serve  as  a  human 
machine.  Employers  are  very  slow  to  realize  that  well  paid,  well 
fed  human  machines  will  turn  out  per  capita  more  wealth  than 
will  poorly  fed  and  poorly  paid  human  machines. 

And  lastly  the  fact  that  woman  does  not  consider  herself  a 
permanent  factor  in  industry  complicates  her  problem  and  gives 
the  employer  a  very  good  argument  for  low  wages. 

Joseph  Frey 

a.  The  number  of  workers  available. 

b.  Organization  of  the  workers. 

c.  The  mode  or  standard  of  living. 

d.  The  efficiency  of  the  worker.  ' 

e.  The  needs  of  the  individual  or  the  family. 

f.  The  regularity  of  the  work. 

g.  Local  or  trade  traditions, 
h.  The  size  of  the  profits. 

i.  The  danger  and  difficulty  of  the  occupation, 

j.  The  chance  of  success  or  advancement, 

k.  Organization  of  the  employers. 

1.  The  needs  of  pin-money  workers. 

C.  E.  Gardiner 
The  suggested  factors  determining  rates  of  wages  may  be 
grouped  as  follows :  we  have  numbered  the  groups  for  conven- 
ience of  reference  and  have  arranged  the  groups  in  what  we 
conceive  to  be  a  logical  order,  and  we  have  added  one  factor  to 
the  last  group. 

r  Needs  of  the  individual  or  the  family. 
1.  <   Needs  of  pin-money  workers. 
I  Mode  or  standard  of  life. 


446       *  Appendix  III 


{Regularity  of  work. 
Chance  of  success  or  advancement. 
Danger  or  difficulty  of  the  occupation. 

''  Local  or  trade  conditions. 

i^umber  of  workers  available. 

Efficiency  of  the  worker. 
^  Organization  of  the  workers. 

r  Organization  of  the  employers. 
1  Size  of  the  profits;  and 

i  Attitude  of  the  employers  toward  the  claims  of  labor  and 
t     its  organization. 


3.   < 


4. 


Group  1.  Needs  and  standard  of  life. — This  may  be  regarded 
as  representing  "  bed  rock  "  in  the  sense  that  the  labor  will  not 
continue  to  be  supplied  unless  these  conditions  are  fulfilled;  but 
they  are  in  themselves  variable  and  elastic  and  would  seem  to 
operate  rather  in  maintaining  than  in  fixing  rates  of  wages.  For 
international  comparisons  the  standard  of  life  is  very  important. 

Group  2.  Regularity,  opportunity,  danger. —  The  wage  condi- 
tions in  this  group  depend  largely  on  the  period  of  employment 
considered;  whether  by  the  week,  the  year,  or  the  life.  Regu- 
larity compares  the  week  with  the  year  or  longer  period.  Danger 
and  chances  of  advancement  are  life  questions.  The  longer  the 
view  demanded,  the  fewer  the  men  likely  to  take  it.  It  thus 
constitutes  "  a  difficulty,"  and  should  be  considered  with  other 
characteristics  which  affect  individual  success. 

Group  3.  Trade  conditions. —  Starting  from  the  general  con- 
siderations of  group  1,  the  number  of  workers  available,  their 
efficiency  and  organization  are  the  determining  factors  of  wages 
for  each  occupation  at  any  time  or  place.  But  this  is  always 
subject  to  limits.  The  trade  .may  leave  or  change  its  character; 
the  men  may  leave  or  their  organization  may  break  up. 

Group  4.  Employers'  questions. —  The  existence  of  each  trade 
and  the  opportunities  of  its  development  depend  practically  on 
the  initiative  of  and  management  by  the  employers.  Its  success 
(not  to  be  measured  by  the  "  size  "  of  its  profits)  and  the  success 
also  of  the  workers  operating  under  the  conditions  of  group  3, 
will  depend  on  the  maintenance  of  good  relations  between  em- 
ployers and  employed. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  447 

W.  A.  Garrigues 
Your  question  is  a  very  broad  one  and  only  a  general  answer 
can  be  given.  There  are,  of  course,  exceptions,  but  based  on  our 
experience  and  observation  the  factors  most  largely  determining 
rates  of  wages  are  the  efficiency  of  the  worker  and  the  amount 
of  profit  arising  from  the  business  conducted.  All  of  the  other 
factors  suggested  in  your  circular  letter  probably  have  some 
slight  bearing  on  the  question,  but  in  our  opinion  their  influence 
is  comparatively  insignificant. 

F.  H.  Gilson 

a.  The  needs  of  the  individual. 

b.  The  efficiency  of  the  worker. 

William  P.  Gone 

a.  The  efficiency  of  the  worker. 

b.  The  number  of  workers  available. 

c.  The  regularity  of  the  work. 

d.  The  chance  of  success  or  advancement. 

e.  The  danger  and  difficulty  of  the  occupation. 

f.  Local  or  trade  traditions. 

g.  The  size  of  the  profits. 

h.  Organization  of  the  workers. 

Wages  are  determined  in  substantially  the  same  manner  as 
are  prices  of  commodities,  and  all  the  elements  which  enter  into 
the  determination  of  price  of  commodities  are  present  in  deter- 
mining the  rate  of  wages.  I  am  aware  of  the  fact  that  this  view 
is  not  as  widely  held  as  formerly,  and  that  it  is  in  certain  aspects 
unpleasant  to  believe.  If  it  is  true,  however,  it  will  be  as  diffi- 
cult to  influence  permanently,  and  seriously,  wages,  as  it  has  been 
to  fix  prices  of  commodities  by  the  same  method.  This  does  not, 
of  course,  apply  to  industries  which  are  operated  by  the  govern- 
ment or  are  natural  monopolies.  To  believe  that  the  needs  or 
wants  of  the  wage-earner  are  the  controlling  factors,  is  similar 
to  the  belief,  seriously  expressed,  that  the  selling  price  of  land 
was  responsible  for  the  prices  obtained  from  cultivating  it.  In 
other  words,  in  both  cases,  the  effect  is  mistaken  for  the  cause. 


448  Appendix  III 

Bolton  Hall 

Some  of  the  suggested  factors  are  practically  duplicates  — 
"  the  needs  of  the  individual  or  of  the  family  "  and  "  the  needs 
of  pin-money  workers  "  are  not  greatly  different.  ''  The  chance 
of  success  or  advancement "  and  "  the  size  of  the  profits  "  are 
equally  the  same.  "  Local  or  trade  conditions  "  is  only  a  sub- 
division of  the  following  one  — "  the  number  of  workers 
available." 

W,  B.  Heath 

The  Standard  Dictionary  defines  wages  as  "  Payment  for  serv- 
ices rendered."  This  in  general  must  be  the  definition,  and  will 
serve  as  a  guide  in  considering  the  12  factors  suggested.  I  cross 
none  of  these  out  for  the  reason  that  they  are  all  important. 
Some  are  important  because  they  are  factors,  and  others  are  im- 
portant for  consideration  because  they  have  nothing  to  do  with 
the  subject  of  wages.  That  "  The  laborer  is  worthy  of  his  hire," 
I  take  to  mean  that  the  laborer  is  worthy  of  his  living,  and  this 
is  in  my  judgment  the  most  important  factor  in  determining  the 
rate  of  wages  to  be  paid  to  a  person  of  average  efficiency  in  any 
department  of  labor. 

Organized  society  not  only  requires  that  a  worker  should  live 
so  that  he  will  have  the  physical  or  mental  strength  to  perform 
his  work  well,  but  that  he  shall  also  live  in  such  a  fashion  as  to 
promote  the  social  order  and  perpetuate  his  race.  Therefore,  a 
man's  wages  for  satisfactory  work  performed  should  be  an  amount 
sufficient  to  support  himself,  his  wife  and  a  family  of  three  chil- 
dren in  the  average  state  of  comfort  of  people  of  his  class,  and 
in  such  a  way  as  to  promote  the  public  welfare.  This  I  should 
say  might  well  be  considered  an  ideal  minimum  wage  for  a  man 
working  under  our  present  state  of  society.  With  this  in  mind 
I  will  notice  briefly  the  factors  suggested. 

a.  The  efficiency  of  the  worker.  Certainly  this  is  an  impor- 
tant factor.  A  poor  worker  or  a  ne'er-do-well  has  no  right  to  a 
living  from  an  industry."  He  is  entitled  only  to  as  much  as  he 
can  earn.  A  person  of  high  efficiency  is  entitled  to  more  pay 
than  I  have  indicated  as  the  ideal  minimum  wage. 

b.  The  needs  of  the  individual  or  of  the  family.  I  have  men- 
tioned three  children  in  suggesting  an  ideal  minimum  wage,  as- 


QuESTiONAiRE  ON  Wage  Pkoblem  449 

suming  that  this  is  the  average  family.  An  industry  should  not 
be  expected  to  support  eight  or  ten  or  twelve  people  in  exchange 
for  the  labor  of  a  single  individual.  He  is  paid  wages  not  be- 
cause he  has  a  large  family  but  in  payment  for  services  rendered. 

c.  The  needs  of  pin-money  workers.  There  should  be  no  pin- 
money  workers.  Every  worker  should  be  taught  to  comprehend 
the  dignity  of  work,  the  honorableness  of  work  and  the  desire 
to  make  his  life  count. 

d.  The  mode  or  standard  of  living.  No  industry  should  be 
expected  to  meet  in  wages  the  requirements  of  an  extravagant 
pace  set  by  a  worker,  nor  should  the  industry  be  justified  in 
paying  what  will  support  slovenly  living. 

e.  The  danger  and  difficulty  of  the  occupation.  Certainly 
extra  hazard  would  influence  wages  upward,  and  no  compensa- 
tion law  should  be  expected  to  prevent  this.  The  difficulty  of  the 
occupation  in  so  far  as  it  requires  a  higher  order  of  intelligence 
would  also  affect  wages  upward. 

f.  The  regularity  of  the  work.  Temporary  or  intermittent 
work  and  transient  employment  must  be  at  a  higher  rate. 

g.  The  chance  of  success  or  advancement.  I  do  not  think  the 
subject  of  wages  can  be  considered  without  the  classification  of 
industries,  and  in  my  judgment  industries  offering  opportunities 
for  marked  advancement  will  require  but  little  attention,  and 
perhaps  need  not  be  the  subject  of  investigation  by  the  State 
Commission. 

h.  Local  or  trade  traditions.  'No  doubt  local  or  trade  tradi- 
tions will  always  influence  to  some  degree  the  rate  of  wages. 
Ideally  they  should  not,  and  in  my  judgment  do  not,  concern 
an  investigating  commission. 

i.  The  number  of  workers  available.  There  will  always  be 
from  time  to  time  local  conditions  producing  either  an  over- 
supply  or  an  under-supply  of  workers.  Where  there  is  a  scar- 
city of  labor,  wages  must  always  tend  upward,  and  will  go  to  a 
point  sufficiently  high  to  overcome  the  inertia  of  the  worker,  and 
while  perhaps  ideally  an  over-supply  of  labor  should  not  affect 
the  wage  scale,  in  the  economy  of  things  the  conditions  in  the 
over-supplied  community  will  cooperate  with  conditions  in  the 
under-supplied  community  to  overcome  the  inertia. 
Vol.  1  —  15 


450  Appendix  III 

j.  Organization  of  the  workers.  The  organization  of  workers 
will  influence  wages  upward. 

k.  Organization  of  the  employers.  The  organization  of  em- 
ployers will  influence  wages  downward. 

1.  The  size  of  the  proflts.  The  size  of  profits  economically 
should  have  nothing  to  do  with  the  rate  or  scale  of  wages  paid, 
unless  large  profits  are  enjoyed  or  small  profits  suffered  by  all 
industries  of  the  class  alike,  in  which  case  wages  would  be  influ- 
enced upward  or  downward  as  the  case  might  be.  There  is,  how- 
ever a  loyal  human  spirit  running  through  every  properly  con- 
ducted industry,  which  gives  liberal  measure  gladly  in  good 
times,  and  which  inspires  sacrifice  gladly  on  the  part  of  the 
worker  in  hard  times.  This  sort  of  spirit  should  be  encouraged 
by  all  our  laws. 

Leo  Hirschfeld 

a.  The  efficiency  of  the  worker. 

b.  The  regularity  of  the  work. 

c.  The  size  of  the  profits. 

d.  The  mode  or  standard  of  living. 

Mary  Alden  Hopkins 

a.  Organization  of  the  workers. 

b.  The  number  of  workers  available. 

c.  Local  or  trade  traditions. 

d.  Sex  of  employee. 

e.  Organization  of  the  employers. 

f.  Child  labor. 

In  laundry  work,  unskilled  factory  work,  some  mercantile  estab- 
lishments, and  home  work,  efficiency  has  little  and  often  no  effect 
upon  wages.  If  length  of  service  be  any  test  of  efficiency,  the 
following  cases  from  my  note  book,  may  illustrate  this  point : 

A  girl  employed  as  caretaker  in  the  employees'  coat  room  of  a 
large  department  store  for  14  years  received  $5  a  week.  She  was 
then  raised  to  $6. 

A  woman  who  had  worked  30  years  in  one  department  store 
received  $7. 

A  woman  employed  in  drug  department  of  a  department  store, 
because  she  knew  Latin,  was  receiving  after  a  service  of  4^  years, 
with  one  day's  absence,  $8  a  week. 


Question  AIRE  on  Wage  Problem  451 

The  needs  of  the  individual  do  not  raise  wages:  The  woman 
in  the  drug  department  was  the  sole  support  of  a  sick  mother  and 
a  sick  sister. 

A  widow  with  4  young  children,  working  in  a  small  retail  store, 
received  $5  a  week. 

The  pin-money  worker  does  not  exist.  In  all  my  home  work 
investigating  I  found  just  one  women  doing  work  for  pin-money 
and  she  was  receiving  75  cents  a  dozen  for  bead  bands  for  which 
the  other  women  were  reciving  50  cents  a  dozen. 

A  crochet-slipper  manufacturer  asserted  that  his  work  was 
chiefly  done  by  "  ladies  "  for  "  pin-money,"  I  had  called  upon 
all  his  workers  and  found  them  all  Italian  women  and  children. 

The  standard  of  living  does  not  raise  wages,  except  in  the  in- 
direct way  that  a  woman  with  a  high  standard  of  living  makes  a 
strong  effort  to  get  into  better  paid  work,  while  one  with  a  low 
standard  more  naturally  gravitates  toward  low-paid  work.  The 
standard  of  living  determines  the  choice  of  a  job,  rather  than 
influences  the  rate. 

If  difficulty  means  severity  of  work,  it  is  obvious  that  the 
hardest  women's  work  is  the  lowest  paid.  In  the  laundry  the 
"  shakers  "  have  the  heaviest  work  and  receive  usually  $4  a  week. 
Scrubwomen  are  notoriously  underpaid. 

Home  work  is  the  most  irregular  of  work,  yet  when  work  is 
given  out,  the  worker  averages  only  two  to  six  cents  an  hour. 

In  unskilled  factory  work  and  home  work  no  chance  of  success 
or  advancement  exists.  In  mercantile  establishments  the  chance 
of  advancement  is  for  the  exceptional  girl  and  not  for  the  average. 

Whether  or  not  the  wages  increase  with  the  profits  of  the  busi- 
ness depends  upon  the  policy  of  the  owner.  In  a  department 
store  where  I  was  told  by  girl  after  girl  how  wages  had  been 
reduced  by  discharging  $10  saleswomen  and  hiring  $6  new  ones, 
I  was  informed  by  one  of  the  bookkeepers  that  in  the  previous 
year  the  profits  of  the  store  had  increased  one-half  million  dollars. 
On  the  other  hand,  almost  directly  across  the  street  was  a  store 
where  the  manager  was  raising  wages  in  proportion  as  business 
increased,  upon  the  theory  that  higher  wages  meant  better  ser\ace 
and  more  business. 

Home  work  —  children's  knit  caps,  Irish  lace,  etc. —  work  to 
be  later  sold  by  Fifth  Avenue  shops,  was  paid  for  at  the  same  rate 
as  that  sold  by  lower  priced  shops. 


452  Appendix  III 

Howard  C.  Hopson 
It  is  practically  impossible  to  give  a  proper  ranking  to  the  re- 
spective factors,  considering  wage  workers  as  a  whole.  In  some 
industries,  such  as  among  railroad  men,  organization  of  the  work- 
ers is  undoubtedly  the  most  important  factor.  With  common  day 
laborers  employed  on  contract  work,  the  number  of  workers  avail- 
able and  local  or  trade  conditions  and  the  amount  required  to  sus- 
tain life  are  important.  With  skilled  workers  such  as  carpenters 
and  journeyman  plumbers,  local  or  trade  conditions,  the  standard 
of  living  and  the  organization  of  workers  are  important.  Among 
the  higher  classes  of  wage  workers,  namely,  foremen  and  others  of 
that  sort,  the  most  important  determining  factor  is  probably  the 
efficiency  of  the  worker;  whereas  in  highly  skilled  trades  the  effi- 
ciency of  the  worker  has  practically  no  effect  whatever  upon  the 
wages  paid,  but  is  merely  determining  as  to  which  employee  shall 
be  dispensed  with  in  slack  times. 


F.  Lincoln  Hutchins 

In  considering  such  questions,  as  you  propound,  is  there  not  a 
tendency  to  forget  basic  principles  in  the  maze  of  details  crowding 
the  present  stage  of  comjnercial  activities  ? 

When  we  stop  to  consider  that  the  community  is  the  real  em- 
ployer, that,  in  its  unscientific  manner  it  is  seeking  satisfaction  of 
its  demands  (through  self-appointed  agents)  exactly  as  the  prehis- 
toric savage  sought  the  same  thing  through  his  sole  effort,  we  can 
see  that  an  individualistic  view  point  is  bound  to  lead  to  misconcep- 
tions. 

Entrepreneurs  are  only  self-appointed  servants  of  the  commun- 
ity, and  were  it  not  for  misguided  legislatures  conferring  monopoly 
rights  and  special  privileges  upon  a  few,  the  play  of  the  natural 
law  of  supply  and  demand  would  regulate  the  service  and  the  com- 
pensation therefor,  and  your  present  inquiry  would  not  be  thought 
of. 

Wages  are  a  very  modem  method  of  distributing  the  value  con- 
tributed by  individual  human  effort,  and  must  be  condemned  from 
the  view  point  of  equitable  reward  for  service  given,  or  product 


QuESTiONAiRE  ON  Wage  Problem  453 

resulting  from  the  effort  expended.     Sooner  or  later  there  must 
come  a  method  of  reward  based  upon  service  to  the  community. 

Realizing  that  the  present  problem  is  not  postulated  upon  ideal 
or  reformed  methods,  but  with  principles  as  the  back  ground,  I 
answer  your  questions  as  follows : 

Demand  and  supply  must  be  the  only  real  factor  in  rate  of  wages 
under  present  conditions. 

Demand  is  regulated  by  the  prospect  of  profit  to  be  obtained 
upon  the  product  of  the  individual,  or  upon  the  rate  at  which  that 
product  may  be  sold.  The  normal  tendency  is  to  pay  up  to  the 
limit  which  will  yield  an  average  return  upon  the  product.  In 
this  element  comes  the  efiiciency  of  the  worker;  local  and  trade 
conditions ;  and  size  of  profits. 

Supply  depends  upon  number  of  workers  available  for  the  par- 
ticular occupation.  This  supply  is  affected  by  psychological  con- 
ceptions of  the  needs  of  the  individual  or  his  family;  modes  and 
standards  of  living;  chance  of  success  or  advancement;  danger, 
difficulty  and  disagreeableness  of  the  work.  It  is  very  materially 
affected  by  workers'  organizations  when  they  attempt  to  limit  the 
number  available  for  any  occupation,  or  to  reduce  the  quantity  of 
product  of  each  worker. 

Organizations  of  both  employers  and  employees  are  simply  ef- 
forts to  defeat  or  modify  the  action  of  the  natural  law  of  supply 
and  demand  —  the  employers  to  limit  demand,  the  employees  to 
limit  supply. 

Belle  Lindner  Israels 

a.  The  number  of  workers  available. 

b.  The  regularity  of  the  work. 

c.  The  efficiency  of  the  worker. 

d.  Local  or  trade  traditions. 

e.  The  size  of  the  profits. 

f.  The  mode  or  standard  of  living. 

g.  The  needs  of  the  individual  or  of  the  family, 
h.  Organization  of  the  workers. 

i.  Organization  of  the  employers. 

j.  The  danger  and  difficulty  of  the  occupation. 

k.  The  needs  of  pin-money  workers. 

1.  The  chance  of  success  or  advancement. 


454  Appendix  III 

W.  T.  Jackman 

a.  The  mode  or  standard  of  living. 

b.  Organization  of  the  worker. 

c.  Organization  of  the  employers. 

d.  The  number  of  workers  available. 

e.  Local  or  trade  traditions. 

f.  The  danger  and  diflSculty  of  the  occupation. 

In  this  state  (Vermont)  a  large  number  of  the  workers  are  for- 
eign-born, and  the  mode  or  standard  of  living  is,  doubtless,  one  of 
the  chief,  if  not  the  most  important,  of  the  factors  which  determine 
the  wages  paid.  The  fact  that  they  can  live  upon  a  small  remun- 
eration has  depressed  the  rate  of  wages  for  all.  But  the  nominal 
wages  are  rendered  still  lower,  in  the  case  of  some  mills,  by  the 
fact  that  the  mills  close  down  occasionally  for  weeks  or  months  at 
a  time,  thus  throwing  out  of  employment  those  who  have  no  other 
means  of  subsistence.  The  organization  of  the  workers  here  does 
not  have  very  much  effect,  nor  does  the  efficiency  of  the  worker. 
In  the  majority  of  instances  the  wages  paid  are  the  lowest  that  can 
be  forced  upon  the  men  and  women.  It  would  seem  as  if  some  of 
our  mills,  which  are  merely  branches  of  the  large  corporations, 
were  employed  or  discontinued  as  a  sort  of  regulative  agency  to 
equalize  the  supply  and  demand  of  the  finished  product.  The 
strength  of  the  employers  overshadows  that  of  the  employees,  for 
there  are  always  workers  in  abundance  ready  to  be  engaged. 

Alvin  S.  Johnson 

a.  The  efficiency  of  the  worker. 

b.  The  number  of  workers  available. 

c.  The  needs  of  the  individual  or  of  the  family. 

d.  The  mode  or  standard  of  living. 

e.  Organization  of  the  workers. 

f.  Local  or  trade  traditions. 

g.  The  danger  and  difficulty  of  the  occupation, 
h.  The  regularity  or  the  work. 

i.  Organization  of  the  employers. 

In  the  long  run,  the  most  important  influence  in  determining 
wages  is  efficiency  of  the  worker,  if  by  efficiency  is  meant,  not 
mere  physical  strength  and  skill,  but  capacity  to  produce  a  result 


QUESTIONAIRE    ON    WaGE    PrOBLEM  455 

of  value  to  the  employer.  Such  capacity  must  be  viewed  in  the 
light  of  the  number  of  laborers  available.  Where  the  number  of 
laborers  is  excessive,  as  in  certain  branches  of  the  needle  trades, 
high  physical  efficiency  is  equivalent  to  very  limited  economic 
efficiency. 

The  needs  of  the  individual  or  of  the  family,  in  so  far  as  they 
are  effective  in  determining  wages,  operate  through  the  customary 
mode  or  standard  of  living.  They  are  important  as  fixing  a 
minimum  below  which  wage  contracts  will  not  be  made.  Also, 
they  may  be  of  importance  in  controlling  the  supply  of  labor, 
operating  to  discourage  immigration  into  a  region  where  "  cost 
of  living  "  is  met  with  difficulty.  Further,  they  may  strengthen 
the  tendency  to  organization.  It  is  easy  to  exaggerate  their 
causal  significance.  The  Japanese  on  the  Pacific  Coast,  although 
their  standard  of  living  is  low,  are  shrewd  bargainers  in  the  labor 
market  and  receive  wages  not  perceptibly  lower  than  those  of 
workers  of  equal  efficiency  but  having  higher  standards. 

The  mode  of  living,  if  it  is  taken  to  include  all  the  conditions 
of  housing  and  nutrition,  education  of  the  children,  etc.,  must 
in  the  long  run  have  a  powerful  influence  upon  efficiency.  High 
standards  of  living,  based  upon  high  wages,  have  generally  been 
found  to  be  productive  of  efficiency  (as  measured  in  low  unit 
costs  for  labor). 

Organization  of  workers,  in  special  fields,  has  greatly  affected 
wages.  It  can  not,  however,  be  said  to  be  the  chief  force  con- 
trolling wages,  since  oiganized  labor  is  still  in  a  minority. 
Periods  in  which  organizations  succeed  in  forcing  wages  up  are 
usually  periods  of  prosperity,  when  wages  of  unorganized  laborers 
also  rise.  Organization,  except  in  a  narrow  range  of  trades,  ap- 
pears to  operate  chiefly  through  forcing,  at  an  early  date,  ad- 
vances that  would  be  made  later  in  consequence  of  industrial 
causes,  and  through  protecting  the  weaker  workers  against  especi- 
ally unfair  conditions. 

Local  and  trade  conditions  are  important,  in  the  absence  of 
organization,  in  flxing  limits  of  bargaining. 

Danger  and  difficulty  are  important  only  where  they  appeal 
sufficiently  to  the  popular  imagination  to  deter  men  from  enter- 
ing the  occupation.     The  case  appears  to  be  infrequent. 


456  Appendix  III 

Regularity  of  work  has  a  bearing  upon  daily  wages,  but  not 
much  bearing  upon  yearly  wages.  In  some  trades  the  possibili- 
ties of  unemployment  appear  to  be  overestimated;  in  most,  they 
are  probably  underestimated. 

Organization  of  employers  plays  a  part,  apparently,  in  only  an 
inconsiderable  field.  Tacit  and  traditional  agreement  among 
employers,  not  to  bid  up  the  price  of  labor,  is  more  important. 

E.  M.  Keator 

a.  The  number  of  workers  available. 

b.  The  efficiency  of  the  worker. 

c.  The  mode  or  standard  of  living. 

d.  The  danger  and  difficulty  of  the  occupation. 

e.  The  chances  of  success  or  advancement. 

f .  The  organization  of  the  workers. 

These  are  all  embraced  within  two  natural  laws  which  no  legis- 
lation can  abrogate  —  the  law  of  the  survival  of  the  fittest  and  the 
law  of  supply  and  demand.  Organized  labor  has,  perhaps, 
tended  to  modify  the  law  of  the  survival  of  the  fittest  by  bringing 
all  employees  on  the  same  level  —  the  best  worker  not  being  al- 
lowed to  make  more  than  the  poorest;  but  that  is  about  to  be 
cured  by  the  advent  of  trade  schools.  These,  no  doubt,  will 
produce  workmen  who  will  be  able  to  sell  their  skill  in  accord- 
ance with  the  efficiency  of  that  skill  and  unhampered  by  any 
labor  union.     The  law  of  supply  and  demand  will  always  work. 

In  my  own  particular  specialty  —  round  boxes  —  it  is  almost 
impossible  to  procure  workers,  as  there  are  comparatively  few 
users  of  roim.d  and  oval  boxes.  The  trade  is  confined  to  the  hat 
and  millinery  trade,  and  in  order  to  get  and  keep  workers  one 
has  to  pay  them  well.  It  is  so  in  every  other  industry.  For 
many  years  before  I  manufactured  paper  boxes  I  was  in  the  hat 
business  and  I  am  still  in  that  business;  this  present  factory  be- 
ing only  a  side  line  with  me.  Straw  hat  sewers  are  quite  scarce, 
and  one  has  to  pay  them  well  to  get  them.  The  trade  is  difficult 
to  learn  and  only  a  few  take  it  up.  The  girls  employed  in  this 
industry  make  an  average  of  eighteen  dollars  a  week  for  a  season 
of  nine  months,  straw  hats  being  made  during  the  winter  and 
the  dull  season  being  the  summer.  They  are  mostly  unorganized, 
and  this  wage  is  determined  by  the  supply  and  demand. 


QuESTiONAiKE  ON  Wage  Problem  457 

R.  C.  Kemmerer 

a.  The  efficiency  of  the  worker. 

b.  The  number  of  workers  available. 

c.  The  size  of  the  profits. 

d.  Local  or  trade  traditions. 

e.  The  regularity  of  the  work. 

f.  The  chance  of  success  or  advancement. 

g.  Organization  of  the  workers. 

h.  The  danger  and  difficulty  of  the  occupation, 

i.  Organization  of  the  employers. 

].  The  needs  of  the  individual  or  of  the  family. 

k.  The  mode  or  standard  of  living. 

Wilford  I.  King 

a.  The  number  of  workers  available. 

b.  The  efficiency  of  the  worker. 

c.  Organization  of  the  workers. 

d.  Organization  of  the  employers. 

e.  The  regularity  of  the  work. 

f.  The  danger  and  difficulty  of  the  occupation. 

g.  The  chance  of  success  or  advancement, 
h.  Local  or  trade  traditions. 

i.  The  needs  of  pin-money  workers. 

Labor  is  a  commodity  and  wages  are  its  price.  Wages  be- 
have like  other  prices  in  the  market.  The  value  of  labor  is  de- 
termined by  its  ability  to  turn  out  products  which  people  value. 
When  labor  becomes  more  efficient  it  turns  out  more  products 
and  more  products  have  greater  value,  in  most  instances,  than 
less  products,  hence  wages  rise.  Therefore,  if  laborers  work 
longer  hours,  or  more  efficiently,  daily  wages  tend  to  be  higher 
than  when  they  work  short  hours  and  inefficiently. 

Training  laborers  to  be  efficient  tends  to  make  them  get  better 
wages.  Likewise,  eugenic  measures,  eliminating  the  incom- 
petent, will  gradually  raise  wages. 

Products  are  only  valued  when  they  are  scarce,  it  a  product 
can  be  made  by  unskilled  labor  it  tends  to  be  cheap,  oecause  un- 
skilled labor  is  so  plentiful.  Hence  wages  are  low  in  such  in- 
dustries —  garment-working  for  example.  When  products  are 
scarce  they  have  high  value.  Likewise,  when  the  labor  that 
makes  these  products  is  scarce,  it  has  a  high  value.  As  a  result, 
when  a  trade  is  so  hard  to  learn  that  few  ever  learn  it,  wages  are 


458  Appendix  III 

high  in  that  occupation.  Where  labor  in  general  is  scarce  rela- 
tive to  natural  resources,  wages  will  be  high  e.  g.,  in  new  coun- 
tries; where  it  is  plentiful,  labor  will  be  cheap  e.  g.,  China  and 
India.  To  raise  the  price  of  a  commodity,  if  the  demand  is  con- 
stant, the  supply  must  be  lessened.  The  demand  for  the  prod-- 
ucts  of  labor  is  practically  constant  (our  wants  are  always  with 
us),  hence  to  raise  the  general  wage  of  labor  the  logical  method 
is  to  lessen  the  supply. 

There  are  therefore  two  ways  to  make  wages  nigher  in  the 
United  States,  first  to  make  labor  more  efficient;  second,  to  make 
labor  more  scarce.  The  latter  may  be  accomplished  by  prohibit- 
ing the  immigration  of  laborers,  preventing  the  propagation  of 
the  unfit,  and  reducing  the  size  of  families  of  the  lower  laboring 
classes  by  legal  or  social  pressure.  In  the  United  States,  the 
high  standard  of  living  limits  the  size  of  families  as  soon  as 
foreigners  are  thoroughly  Americanized ;  therefore,  if  immigra- 
tion is  absolutely  shut  out,  the  wage  problem  will  virtually  solve 
itself.  With  unrestricted  immigration,  no  means  known  can 
materially  and  permanently  make  wages  good  in  the  unskilled  in- 
dustries. One  might  as  well  try  to  market  brine  along  the  sea 
shore,  with  conditions  of  inexhaustible  supply. 

George  J.  Kraft 
"  The  efficiency  of  the  worker  "  is,  in  my  opinion,  the  chief  if 
not  practically  the  only  factor  in  determining  the  rate  of  wages 
of  individual  workers  in  a  factory  such  an  mine,  maintained  for 
the  past  seventy-six  years.  I  do  not  consider  '^  different  groups 
of  workers,"  the  question  with  me  being  the  earning  qualifica- 
tions of  each  employee  —  what  each  individual  is  worth  to  me  as 
a  part  of  the  whole  force.  I  might  add  that  all  work  done  in  my 
factory  is  hand  work;  I  use  no  machinery. 

James  C,  Kuhn 

a.  The  efficiency  of  the  worker. 

b.  The  danger  and  difficulty  of  the  occupation. 

c.  The  regularity  of  the  work. 

d.  The  chance  of  success  or  advancement. 

e.  The  number  of  workers  available. 


QuESTiONAiKE  ON  Wage  Problem  459 

f.  Organization  of  the  workers. 

g.  The  needs  of  the  individual  or  of  the  family, 
h.  The  mode  or  standard  of  living. 

i.  The  needs  of  pin-money  workers. 

j.  The  size  of  the  profits. 

k.  Local  or  trade  traditions.  '■ 

1.  Organization  of  the  employers. 

I  find  it  rather  difficult  to  answer  as  you  request.  I  have  one 
hundred  people  in  my  employ,  all  seemingly  contented  and 
happy,  although  their  wages  are  small,  averaging  from  $6  to 
$22  per  week.  They  are  mostly  Italians  and  recognize  the  ad- 
vantages of  this  country  to  the  experience  in  their  own. 

H.  P.  Lansdale 

a.  Local  conditions  and  traditions. 

b.  By  the  number  of  workers  available. 

c.  By  the  organization  of  workers. 

d.  The  danger  and  difficulties  of  the  occupation. 

e.  The  efficiency  of  the  worker. 

D.  D.  Lescohier 
In  my  opinion  the  three  fundamental  forces  which  determine 
the  going  rates  of  wages  are: 

a.  The  cost  of  subsistence  of  the  workers  in  conjunction  with 

the  existing  standards  of  living  or  the  standards  which 
have  existed  in  the  immediate  past. 

b.  The  number  of  workers  available. 

c.  Local  or  trade  traditions. 

Custom,  I  believe,  plays  a  far  larger  part  in  holding  wages 
stationary  than  we  have  been  accustomed  to  think,  and  any  em- 
ployer pays  a  wage  higher  than  that  which  he  has  been  ac- 
customed to  pay  only  when  considerable  pressure  is  put  upon  him 
to  do  30.  It  is  impossible  to  separate  out  these  various  factors 
and  say  this  one  is  the  most  important  and  that  the  next  one  is 
the  next  in  importance,  because  all  of  the  influences  which  you 
cite  in  your  list  of  questions  are  operating,  and  other  factors 
also.  Under  one  group  of  circumstances  one  or  more  ol  these 
influences  will  be  more  important,  and  under  another  group  of 
circumstances  others  will  be  more  important. 


460  Appendix  III 

We  need  to  separate  the  wage  consideration  into  three  classifi- 
cations. First,  there  is  what  you  might  call  the  ''  going  rate  of 
wages  for  labor,"  and  bj  thi  i  I  mt,an  the  wage  which  is  paid  by 
all  sorts  of  employers  in  all  sorts  v^f  occupations  for  what  we 
ordinarily  call  "  common  labor."  This  common  labor  ranges  in 
quality  from  the  mere  brute  strength  of  a  worker  ol  little  intelli- 
gence and  no  special  skill  to  the  semi-skilled  work  of  a  factory 
operative.  The  great  majority  of  wage  earners  are  included 
within  this  group,  and  it  is  also  characterized  by  being  the  type 
of  laborers  who  most  easily  change  from  one  industry  or  occupa- 
tion to  another. 

Second,  there  are  subnormal  wage  groups  which  earn  a  wage 
less  than  this  "  going  wage  "  for  common  labor.  These  groups 
are  either  inefficient  as  compared  with  the  average  laborer,  or 
they  are  weak  or  ignorant  and  taken  advantage  of  by  their  em- 
ployer. Many  of  the  less  intelligent  and  weaker  immigrants, 
together  with  the  less  efficient  elements  of  our  own  working 
population,  are  included. 

The  third  group  of  workers  comprises  those  who  earn  in  ex- 
cess of  the  ordinary  rates  of  wages.  This  group  includes  the 
skilled  trades  such  as  machinists,  carpenters,  etc.  In  order  to 
make  these  three  groups  more  specific  I  will  reduce  them  to 
terms  of  money.  In  this  part  of  the  country  what  we  call  com- 
mon laborers  earn  from  $12  to  $16.50  a  week.  Xow  these  are 
not  casual  laborers  but  are  men  who  work  in  all  sorts  of  occupa- 
tions—  at  "  jobs  "  as  contrasted  with  such  men  as  carpenters  and 
machinists  who  work  at  trades.  These  men,  who  work  at  jobs, 
may  be  working  for  a  couple  of  years  for  a  meat  market  and  then 
in  a  factory,  and  then  afterwards  as  street  car  conductors.  They 
take  up  occupations  where  the  work  may  be  learned  in  a  short 
time  and  where  a  reasonable  degree  of  physical  strength  and 
ordinary  intelligence,  with  perhaps  a  common  school  education, 
is  all  that  is  required.  It  is  the  wage  of  this  group  which  I 
would  call  the  normal  or  going  rate  of  wages ;  the  standard  from 
which  the  wages  of  the  especially  skilled  are  measured  and  below 
which  we  may  speak  of  wage  groups  as  subnormal  groups.  There 
is  something  wrong  when  a  laborer  in  Minnesota  is  unable  to 
earn  $12  a  week  when  he  is  at  work. 


QuESTIONAIRE    ON    WaGE    PrOBLEM  461 

Now  the  general  forces  whicli  detennine  wages  determine  the 
wages  of  the  average  laborers  of  the  first  group  cited.  They  are 
selling  simple^  or  what  one  might  call  "  standard,"  labor  power. 
Their  natural  abilities  are  neither  deteriorated  by  some  physical, 
mental  or  moral  deficiency  nor  increased  by  some  special  skill  or 
training  (as  occurs  in  the  case  of  the  third  group),  and  the 
economic  forces  operative  in  the  market-place  work  in  a  more 
typical  manner  in  their  case  than  in  that  of  the  second  or  third 
groups.  Their  wage  is  determined  to  some  extent  by  the  rela- 
tive strength  of  themselves  and  their  employers  in  bargaining, 
but  a  minimum  below  which  their  wages  cannot  go  and  a  maxi- 
mum above  which  they  will  not  go  seem  to  be  set  by  factors  to 
which  I  will  refer  in  a  moment.  When  I  speak  of  the  relative 
bargaining  power  of  the  workers  and  the  employers,  I  mean  the 
comparative  advantage  that  the  two  have  in  making  a  bargain. 
If  the  employee  is  in  serious  need  of  work  he  is  forced  by  his 
necessities  to  agree  to  wage  terms  that  he  would  not  have  to  agree 
to  if  he  were  not  in  need  of  work.  If  the  employer,  on  the  other 
hand,  has  imfilled  orders  which  must  be  delivered  and  he  is  short 
of  men  he  may  be  willing  to  pay  a  higher  wage  temporarily  in 
order  to  get  men.  But  the  ordinary  situation  with  respect  to 
the  labor  group  we  are  considering  is  that  there  are  idle  men 
seeking  employment  at  all  times,  and  the  employer  ordinarily  is 
at  an  advantage  in  having  a  supply  of  men  to  choose  from.  The 
individual  employee  is  not  only  entirely  dependent  upon  his  labor 
for  existence,  but  his  earnings  when  employed  leave  little  surplus 
for  unemployed  periods.  As  soon  as  he  is  out  of  work,  therefore, 
he  is  at  a  great  disadvantage.  It  makes  a  great  deal  of  difference 
to  him  whether  he  gets  a  job  or  not,  but  if  there  are  other  men 
whom  the  employer  may  hire  it  makes  little  difference  to  the  em- 
ployer whether  he  hires  this  particular  man  or  not.  The  net 
result  of  these  facts  is  that  the  laborers  in  general  are  all  the  time 
at  a  relative  disadvantage  as  compared  with  employers  in  general 
in  bargaining  over  wages,  and  the  employing  classes  are  always 
able  to  force  the  mass  of  the  laborers  to  accept  a  wage  which  is 
less  than  the  employers  could  pay,  and  which  is  only  as  high  as 
it  is  necessary  for  them  to  pay  in  order  to  keep  the  laborers  alive. 

Why  then  do  employers  not  utilize  their  advantage  to  force 


4:62  Appendix  III 

wages  lower  and  lower?  The  worker  will  refuse,  except  under 
most  extreme  circumstances,  to  work  for  a  wage  which  he  deems 
insufficient  to  provide  himself  and  his  family  with  what  he  calls 
the  "  necessities  of  life."  "  Necessities  of  life "  is  not 
synonymous  with  standard  of  living.  He  may  have  desires  and 
ambitions  which  enter  into  a  standard  of  living  that  would  re- 
quire a  higher  wage  but  he  will,  if  necessary,  accept  a  wage  that 
will  enable  him  to  provide  those  things  which  he  considers  neces- 
sary for  the  subsistence  of  his  family.  At  times  when  there  is  a 
very  large  supply  of  labor,  as  compared  with  the  demand  for 
labor,  the  workman  will  often  temporarily  accept  a  wage  less 
than  sufficient  to  provide  this  necessary  subsistence,  but  he  will 
not  accept  this  lower  wage  permanently  because  he  cannot.  The 
needs  of  existence,  therefore,  in  the  long  run  constitute  a  mini- 
mum which  determines  the  point  below  which  wages  in  general 
will  not  go. 

The  employer,  on  the  other  hand,  seeks  to  keep  the  wage  as  low 
as  he  can  in  order  to  keep  down  his  expenses  of  production. 
His  effort  is  to  keep  the  wage  as  near  to  this  minimum  as  pos- 
sible. He  steadily  resists  all  movements  or  forces  which  would 
tend  to  increase  the  going  rates  of  wages.  His  effort  is  to  main- 
tain the  customary  or  existing  wage  standards  unchanged  unless 
prices  fall  for  a  considerable  period  of  time,  in  which  case  he 
either  withdraws  from  production  temporarily,  or  reduces  his 
output,  or  reduces  wages.  If  prices  go  up  he  attempts  to  main- 
tain the  wage  standards  that  existed  before  the  prices  increased, 
in  order  to  prevent  the  workman  from  becoming  accustomed  to 
the  higher  wage  rate.  From  the  worker's  standpoint  we  have  the 
rising  standard  of  living  continually  acting  as  a  lever  to  raise  the 
wage  standard  and  to  make  the  customary  wage  higher,  while  on 
the  employer's  side  we  have  the  continual  effort  to  pay  no  more 
than  the  existing  customary  rate  and  to  hold  wages  down  and 
prevent  any  increases.  The  efficiency  of  the  worker  enters  into 
the  matter  of  wages  principally  by  causing  the  individual  worker, 
or  the  individual  groups  of  workers,  who  are  more  efficient  to 
have  more  regular  employment  and  (if  the  superiority  is  marked) 
to  get  a  higher  wage.     In  other  words,  efficiency  explains  the 


QuESTiONAiRE  ON  Wage  Peoblem  463 

gradation  of  wages  and  the  selection  of  employees,  but  up  to  the 
present  time  has  probably  not  played  a  marked  part  in  affecting 
general  wage  rates. 

I  have  not  been  able  to  see  that  the  dangers  and  difficulties  of 
occupations  play  a  very  large  part  in  determining  the  wage  rates. 
There  is  always  such  a  large  supply  of  labor  that  an  employer  can 
ordinarily  get  men  at  any  time  and  for  almost  any  kind  of  work, 
if  he  is  willing  to  pay  the  highest  rates  of  wages.  A  careful  study 
of  wage  statistics  in  Minnesota  which  we  made  with  this  very 
question  in  mind  did  not  reveal  to  us  any  correspondence  between 
variations  of  wage  rate  and  variations  in  risk.  (My  reference  to 
the  highest  going  rates  of  wages  perhaps  requires  explanation.) 
My  observations  of  the  wage  situation  have  led  me  to  believe  that 
various  employers  pay  anywhere  from  $12  to  $14  a  week  for  the 
same  grade  of  labor.  Some  employers  are  more  liberal  than  others 
or  less  fortunate  in  bargaining,  and  there  is  a  slight  range  in  the 
wages  paid  for  any  given  type  of  labor,  unless  the  wage  schedule 
is  made  uniform  by  some  artificial  means,  such  as  a  trade  agree- 
ment. 

My  observation  is  that  where  work  is  regular  the  daily  wage 
rate  tends  to  be  a  little  lower,  although  the  annual  earnings  are 
higher. 

Profits  do  not  appear  to  me  to  be  of  any  considerable  importance 
in  the  determination  of  wages.  Employers  raise  wages  when  they 
are  forced  to  raise  them,  except  in  occasional  instances,  and  not 
when  they  are  able  to  raise  them.  Unless  the  workers  know  that 
profits  are  large  and  force  the  employer's  hand,  profits  will  have 
comparatively  little  effect  on  wages  in  general. 

Organization  of  the  workers  and  special  skill  explain  only  the 
wage  rates  of  that  group  of  workers  which  receives  more  than  the 
ordinary  going  rates  of  wages  and  has  little  effect  on  those  groups 
of  workers  who  might  be  affected  by  such  a  proposition  as  a  mini- 
mum wage  law.  On  the  whole  I  do  not  believe  the  organization  of 
the  employees  has  been  an  important  force  in  the  determination  of 
the  general  wage  rate,  though  it  has  improved  the  condition  of  a 
large  number  of  employees  in  specific  occupations. 


464  Appendix  III 

Burdette  G.  Lewis 

I  do  not  believe  any  human  being  can  answer  this  question  with 
any  degree  of  reliability.  In  my  judgment,  the  given  wage  at  a 
given  place  reflects  the  general  opinion  of  employers  as  to  what 
they  think  each  job  is  worth.  There  are  some  hazardous  occupa- 
tions, such  as  building  trades,  which  have  had  a  higher  rate  of 
pay,  but  I  believe  that  the  higher  rate  of  pay  is  due  to  the  fact  that 
the  building  trades  are  thoroughly  organized.  There  aire  other 
kinds  of  employment,  such  as  driving  garbage  wagons  in  the  city 
of  Xew  York,  and  delivering  coal  in  the  city,  which  are  dangerous 
and  hazardous,  but  do  not  command  a  sufficiently  high  wage,  not 
because  they  are  any  less  hazardous  but  because  they  have  not  yet 
been  established  as  genteel  enough  professions  to  require  a  higher 
wage. 

William  H.  Lough, 

There  is  no  real  question  but  that  the  underlying  factor  which 
determines  the  wages  of  any  individual  is  his  "  productivity."  I 
am  using  this  word  in  a  broad  sense  to  include  everything  that  an 
individual  contributes  to  the  weKare  of  the  business.  It  seems 
clear  that  if  a  man,  through  his  skill  or  through  his  ability  to  su- 
pervise others,  can  add  $1,000  to  the  annual  output  of  a  factory, 
his  employer  would  be  willing  to  pay  in  the  neighborhood  of 
$1,000  rather  than  lose  his  services.  If  his  employer  is  not  wil- 
ling, some  other  employer  will  do  so. 

It  is,  of  course,  true  that  there  is  no  exact  measure  of  the  "  pro- 
ductivity "  of  most  workers  either  in  plants  or  in  offices.  The  best 
that  can  be  done  in  most  cases  is  to  make  a  rough  guess.  Custom 
has  established  rates  of  pay  for  some  classes  of  workers  which  is 
really  an  estimate  of  the  average  "  productivity  "  of  the  men  in 
this  group. 

While  "  productivity "  is  the  underlying  factor,  there  are  a 
great  many  other  factors  nearer  the  surface  that  produce  tempo- 
rary changes  in  the  rates  of  wages.  For  instance,  either  workers 
or  employers  may  organize  and  temporarily  raise  or  lower  the 
standard  of  wages  in  certain  lines.  But  the  effect  of  this  must  be 
harmful  either  to  that  industry  or  to  the  workers,  as  the  case  may 
be,  and  will  result  in  cutting  down  the  normal  flow  either  of  capi- 
tal or  labor  to  that  industry. 


QuESTiONAiKE  ON  Wage  Peoblem  465 

The  danger  and  difficulty  of  occupation,  regularity  of  work,  the 
chances  of  advancement,  and  similar  factors,  all  affect  more  or  less 
the  rate  of  money  wages,  but  it  is  easy  to  exaggerate  the  influence 
of  these  obvious  factors. 

The  needs  of  the  individual  or  the  family  and  the  standard  of 
living  of  the  workers  are  determined  by  the  wages  they  receive. 
In  other  words,  the  working  of  cause  and  effect  is  not  from  stand- 
ard of  living  to  wages  but  from  wages  to  standard  of  living. 

One  reason  why  most  people  in  the  lower  ranks  of  manual  and 
clerical  workers  fail  to  see  that  their  individual  efficiency  or  "  pro- 
ductivity "  determines  their  wages  is  that  they  do  not  appreciate 
the  necessity  and  expense  of  supervision.  It  has  been  well  said 
that  everyone  pays  for  the  supervision  he  requires.  In  other 
words,  a  man  has  to  take  a  lower  wage  than  he  would  otherwise  be 
entitled  to  because  he  cannot  be  trusted  to  work  honestly  and  intel- 
ligently without  having  some  one  over  him  to  watch  him. 


Benjamin  C.  Marsh 

A  careful  distinction  should  be  made  between  the  nominal  and 
real  rate  of  wages,  which  an  individual  or  group  of  workers  re- 
ceives. Otherwise,  the  determining  factors  of  one  or  the  other  sort 
of  wages  will  be  ignored.  This  point  is  made  clearer  by  recogniz- 
ing the  fact  that  the  average  family  of  five  persons  contributes  in 
taxes  $180  a  year  directly,  without  taking  into  account  the  indirect 
burdens  the  tariff  tax  imposes  by  raising  the  price  of  protected 
goods.  This  is  conservatively  estimated  at  three  times  that  which 
is  collected  at  the  Custom  House.  Taxes  consume,  directly  or  in- 
directly, 15  per  cent,  to  20  per  cent,  of  the  earnings  of  most  work- 
ers of  the  country. 

So  long  as  we  continue  taxing  the  products  of  labor,  including 
buildings,  at  the  same  rate  as  land  values,  land  speculators  will  be 
the  chief  beneficiaries  of  the  enforcement  of  the  "  minimum  wage." 

I  believe  that  all  the  factors  which  you  have  mentioned  operate 
in  determining  the  nominal  wage,  i.  e.,  the  number  of  dollars  paid 
to  the  workers.  I  believe,  however,  that  the  three  most  important 
factors  are  the  number  of  workers  available,  the  organization  of 
the  workers,  and  the  organization  of  the  employers, 


46#  Appendix  III 

Unfortunately,  neither  the  efficiency  of  the  workers  nor  the 
needs  of  the  individual  or  the  family  have  much,  if  anything,  to  do 
with  determining  wages. 

David  A.  McCabe 
I  do  not  feel  that  we  know  enough  yet  as  to  what  forces  actually 
do  account  for  a  particular  modal  rate  of  wages  in  a  trade  or  lo- 
cality to  strike  out  any  of  the  suggested  factors  enumerated  in  your 
question  or  to  assign  to  each  its  proper  relative  importance.  I 
take  it  that  you  are  considering  what  sets  the  normal  or  modal 
wage  in  an  occupation  in  a  given  locality,  rather  than  what  causes 
individual  variations  in  wages  above  and  below  the  normal  wage 
for  that  occupation. 

George  A.  McKinloch 
The  factor  that  determines  the  rate  of  wage  that  the  worker  ex- 
pects and  for  which  he  gives  his  services  is  his  efficiency.  In  con- 
nection with  His  efficiency  come  the  needs  of  himself  and  his  fam- 
ily. These  needs  depend  largely  upon  the  mode  or  standard  of 
his  living,  and  the  latter  on  his  moral  and  spiritual  outlook. 

G.  T.  McWhirter 

The  factors  which  determine  the  rates  of  wages,  in  order  of  their 
importance,  are  the  number  of  foreign  laborers  Uncle  Sam  has 
played  Santa  Olaus  to  in  order  to  increase  the  money  coffers  of  the 
capitalist,  the  number  of  workers  available,  the  danger  and  diffi- 
culty of  the  occupation,  the  regularity  of  the  work,  the  efficiency  of 
the  worker,  the  chance  of  success  or  advancement.  The  rest  which 
have  been  suggested  to  you  are  about  equal. 

Henry  T.  Noyes 
For  our  industry  (button  manufacture)  the  factors  which  deter- 
mine the  rate  of  wages  would  be  somewhat  as  follows,  listed  in  the 
order  of  their  importance. 

a.  The  efficiency  of  the  worker. 

b.  Local  or  trade  traditions. 

c.  The  needs  of  the  individual  or  of  the  family. 

d.  The  chance  of  success  or  advancement. 


QUESTIONAIEE    ON   WaGE    PkOBLBM  467 

e.  The  mode  or  standard  of  living. 

f.  The  number  of  workers  available. 

g.  The  danger  and  difficulty  of  the  occupation, 
h.  The  regularity  of  the  work. 

i.  The  size  of  tiie  profits. 

Almus  Olver 

In  my  estimation  the  following  factors  determine  the  rates  of 
wages  in  this  locality  at  least,  given  in  their  order  of  importance. 

a.  The  organization  of  the  workers. 

b.  The  efficiency  of  the  worker. 

c.  The  number  of  workers  available. 

d.  The  danger  and  difficulty  of  the  occupation. 

e.  The  regularity  of  the  work. 

f.  Organization  of  the  employers. 

g.  The  mode  or  standard  of  living, 
h.  The  needs  of  pin-money  workers. 

i.  The  needs  of  the  individual  or  the  family, 
j.  The  size  of  the  profits. 

The  two  factors,  chance  of  success  or  advancement  and  local  or 
trade  traditions,  I  have  struck  out  as  being  unimportant  in  my 
estimation. 

Alfred  E.  Ommen 
Rates  of  wages  seem  to  be  based  on  these  considerations  in  order 
named : 

a.  Efficiency  of  the  worker. 

b.  Number  of  workers  available. 

c.  Regularity  of  the  work. 

d.  Size  of  the  profits. 

e.  Danger  and  difficulty. 

f.  Mode  and  standard  of  living. 

g.  Chance  of  success. 

h.  Organization  of  workers, 
i.  Organization  of  the  employers. 

In  the  last  analysis,  efficiency  is  the  basis  of  wages.  Every  man 
pays  for  superintendence  or  is  paid  for  being  superintendent  by 
those  whom  he  superintends — the  larger  the  number,  the  larger 
his  pay. 

In  so  far  as  the  printing  industry  is  concerned,  there  have  been 


468  Appendix  III 

many  strikes  which  have  resulted  in  the  raising  of  wages,  but  the 
profits  have  not  been  commensurate  with  such  raise  of  wages,  and 
the  industry  is  not  in  as  prosperous  condition  as  it  was  some  years 
ago  by  reason  of  this  constant  attack  upon  it  by  what  you  call 
"  Organization  of  the  Workers." 

Edward  D.  Page 

The  rate  of  wages  paid  to  a  worker  or  a  group  of  workers  by  an 
employer  or  a  group  of  employers  in  any  industry  at  a  given  time 
and  place  is  in  essence  an  agreement  between  individuals  or  groups 
of  individuals  as  to  a  division  of  the  proceeds  of  the  industry. 
This  division  adapts  the  needs  of  men  who  desire  fixed  income  to 
those  of  other  men  who  desire  fluctuating  incomes,  and  are  willing 
to  assume  the  risks  of  enterprise. 

The  rate  of  wages  prevailing  at  any  given  time  or  place  is  by  no 
means  the  simple  product  of  any  one  or  two  or  even  of  a  few  causes 
or  conditions.  On  the  contrary,  it  is  a  complex  dependent  upon 
the  interaction  of  many  conditions.  It  is,  however,  possible,  in  a 
way,  to  classify  these  conditions  into  three  principal  groups,  the 
interaction  of  each  of  which  upon  the  others  produces  the  given 
result.     These  conditions  are: 

a.  Social. 

b.  Economic. 

c.  Psychological. 

a.  Social  conditions.  The  most  important  of  these  is  the  cus- 
tomary or  habitual  rate  of  wages  which  prevails  in  the  gi'oup  to 
which  the  working  man  belongs,  and  which  is  usual  in  the  industry 
under  consideration.  This  is  by  far  the  most  important  factor  in 
the  determination  of  wages.  It  varies  but  slightly  from  year  to 
year.  Upon  it  the  promotion  of  new  enterprises  is  based.  To  pay 
the  customary  rate  is  considered  fair:  to  pay  less  is  considered  un- 
fair. It  generally  satisfies  the  sentiments  of  both  parties  to  the 
transaction  if  these  wages  are  paid.  The  rates  paid  to  individuals 
tend  to  fluctuate  around  the  customary  rate  when  disturbed  by 
temporary  economic  conditions.  The  customary  standard  of  liv- 
ing has  a  causal  influence  upon  the  customary  rate. 

b.  Economic  conditions.     The  principal  of  these  is  the  inter- 


QUESTIONAIKE    ON   WaGE    PrOBLEM  469 

action  of  competition  between  workmen  for  employment  and  com- 
petition between  employers  for  work.  This,  of  course,  is  influ- 
enced on  either  side  by  organization  in  so  far  as  organization  tends 
to  reduce  this  competition.  It  is  indirectly  influenced  by  the  num- 
ber of  workmen  and  by  the  number  of  employers,  but  only  when 
the  equilibrium  between  the  work  to  be  done  and  the  size  of  either 
of  these  two  groups  is  disturbed.  This  disturbance  is  shown  by 
the  margin  of  unemployment  amongst  workers,  or  by  the  lack  of 
workmen  to  equip  establishments.  It  is  affected  by  the  efforts  of 
unemployed  persons  to  obtain  employment  and  by  the  extent  of 
their  willingness  to  deviate  from  the  customary  rate  of  wages  in 
order  to  do  so.  It  is  influenced  on  the  other  hand  by  the  desire  of 
employers  completely  to  man  their  establishments  and  by  their  wil- 
lingness to  deviate  from  the  customary  rate  in  order  to  accomplish 
this  result. 

c.  Psychological  conditions.  On  the  workman's  side  he  is  at- 
tracted or  repelled  from  his  job  by  opportunities  of  advancement 
—  agreeable  conditions  of  work  —  the  prestige  of  the  establish- 
ment —  profit  sharing  arrangements  —  needs  of  the  individual 
or  his  family.  On  the  employer's  side  deviations  from  the  cus- 
tomary rates  are  affected  by  the  profitableness  of  the  industry  — 
agreeableness  of  general  business  conditions —  pride  in  main- 
taining business  prestige.  In  both  of  these  situations  the  wages 
fixed  by  custom  and  competition  may  be  increased  or  diminished, 
according  to  the  interaction  of  these  factors. 

Maurice  Parmelee 

1.  These  factors  are  so  interdependent  and  so  complex  that  it 
is  very  difficult  to  arrange  them  in  any  arbitrary  order.  There- 
fore I  shall  only  attempt  to  separate  them  into  a  few  groups 
with  some  suggestions  as  to  their  relative  importance.  Unless 
otherwise  indicated  everything  I  say  applies  to  the  wage  problem 
in  a  very  general  way  and  not  to  individual  and  exceptional 
cases. 

First  I  would  group  together  "  The  needs  of  the  individual  or 
of  the  family,"  "  The  number  of  workers  available,"  and  "  The 
efficiency  of  the  worker."  If  we  mean  by  "  needs "  the  bare 
needs  absolutely  necessary  for  existence  this    is    the    most    im- 


470  Appendix  III 

portant  factor,  for  wages  could  not  fall  below  a  bare  subsistence 
wage,  and  this  wouJd  therefore  fix  the  minimum  limit.  But  if 
in  "  needs  "  we  include  more  than  bare  subsistence  needs,  as,  for 
example,  things  required  by  a  certain  standard  of  living,  this 
factor  lessens  in  importance.  The  number  of  workers  available 
is  always  of  great  importance,  for  if  there  is  a  superabundance 
of  workers  wages  tend  to  fall  to  a  bare  subsistence  wage,  while  as 
the  number  decreases  in  relation  to  the  demand  wages  are  neces- 
sarily forced  up.  Efficiency  is  of  great  importance  in  determin- 
ing the  wage  of  the  individual  wage  earner,  for  differences  be- 
tween individuals  are  determined  largely  by  differences  in 
efficiency. 

Next  1  would  group  together  "  The  chance  of  success  or  ad- 
vancement," "  The  regularity  of  the  work,"  and  "  The  danger 
and  difficulty  of  the  occupation."  It  is  difficult  to  determine  the 
relative  importance  of  these  three  factors,  though  the  order  sug- 
gested may  be  the  correct  one.  These  factors  are  on  the  whole  of 
more  importance  in  determining  individual  differences  in  wages. 

Then  I  would  group  together  "  Organization  of  the  workers," 
"  Local  or  trade  traditions,"  and  "  The  mode  or  standard  of  liv- 
ing." It  is  difficult  to  determine  the  relative  importance  of  this 
group  and  the  previous  one.  At  certain  times  and  places  this 
group  has  probably  been  of  more  importance.  This  may  be  true 
now  owing  to  the  organization  of  the  workers.  However,  in  the 
long  run,  in  the  past  the  previous  group  may  have  been  of  more 
importance.  As  to  relations  within  the  group  the  organization 
of  the  workers  may  be  of  most  importance  now.  Traditions, 
however,  have  been  of  great  importance,  and  are  still  in  certain 
places.  The  standard  of  living  has  doubtless  always  been  of 
importance,  and  may  seem  of  most  importance  in  this  group,  and 
perhaps  also  more  important  than  any  factor  in  the  previous 
group.  However,  the  standard  of  living  is  to  so  great  an  extent 
the  result  of  other  factors,  and  therefore  dependent  upon  them, 
that  it  is  difficult  to  classify  it  as  a  distinct  factor. 

Then  I  should  group  together  "  The  size  of  the  profits  "  and 
"  Organization  of  the  employers."  When  there  is  no  organiza- 
tion of  workers  under  a  capitalistic  system  I  think  that  the  size 
of  the  profits  has  little  if  any  influence  upon  wages  because  the 


QUESTIONAIRE    ON   WaGE    PrOBLE]^  4Y1 

competition  of  the  wage  earners  amongst  themselves  tends  to 
force  wages  down  to  a  bare  subsistence  minimum  quite  regardless 
of  how  much  profits  the  entrepreneurs  are  making.  The  num- 
ber of  workers  available  is  also  of  great  importance  in  this  con- 
nection. But,  when  the  workers  organize,  the  size  of  the  profits 
becomes  a  sort  of  maximum  towards  which  they  work.  The 
organization  of  the  employers  has  perhaps  at  most  times  been  of 
little  importance.  The  present  tendency  towards  industrial 
combination  is  probably  of  considerable  importance  in  an  in- 
direct way,  which  is  so  complex  that  it  would  take  too  long  to 
analyze  it  here.  In  its  direct  effect  it  is  probably  of  much  less 
importance. 

"  The  needs  of  pin-money  workers  "  may  seem  of  great  im- 
portance now.  But  in  the  long  run  it  has  been  of  little  import- 
ance and  has  probably  comparatively  little  influence  even  now. 

Raymond  V.  Phelan 

a.  Efficiency  of  worker. 

b.  Standard  of  living.     Class  standard  of  living  is  argued  by 

employer  as  a  justification  of  low  wages. 

c.  Pin-money  worker  used  as  an  excuse  for  low  wages.     "All 

our  girls  live  at  home,"  an  employer  will  say  with  self- 
satisfaction  and  pride. 

d.  Danger  and  difficulty  of  work  have  little  if  any  influence. 

e.  Tradition  is  a  factor,  operating  especially  through  the  class- 

conscious  feeling  of  the  employer. 

f.  Organization  of  workers  is  a  decided  factor.     Organization 

or  understanding  among  employers  also  a  factor.  For 
example,  a  girl  must  often  give  up  one  job  before  she  will 
be  considered  by  another  establishment  for  another  job. 

g.  Size  of  profits  may  operate  to  keep  wages  down.     In  two 

definite  cases  (newspaper  publisher  and  department  store 
managers)  it  is  assumed  that  debt  on  the  business  justifies 
denial  of  wage  advances  recognized  by  the  employer  him- 
self to  be  fair  and  to  be  due  his  workers  in  Minneapolis. 

L.  0.  Powers 

a.  The  efficiency  of  the  worker. 

b.  The  regularity  of  the  work. 

c.  The  danger  and  difficulty  of  the  occupation. 

d.  The  number  of  workers  available. 


472  •  Appendix  III 

e.  The  mode  or  standard  of  living. 

f.  Organization  of  the  workers. 

g.  The  chance  of  success  or  advancement. 

h.  The  needs  of  the  individual  or  of  the  family, 
i.  The  size  of  the  profits, 
j.  Local  or  trade  traditions, 
k.  The  needs  of  pin-money  workers. 
1.   Organization  of  the  employers. 

I  refer  to  the  influence  of  the  factors  under  average  or  normal 
conditions.  For  exceptional  persons  or  under  exceptional  con- 
ditions the  relative  influence  of  the  factors  will  be  very  different 
from  that  indicated  by  my  notation.  Thus  the  need  of  pin 
money  which  I  have  marked  11  on  the  scale  of  12  may  be  the 
most  important  and  impelling  factor  in  the  case  of  a  limited 
number  of  persons,  especially  the  members  of  the  families  of  the 
fairly  well  to  do. 

In  the  long  run  the  productive  powers  of  the  individual  worker 
as  of  the  workers  collectively  is  the  most  important  and  deter- 
mining factor  of  wage  determination.  With  a  fixed  standard  of 
living  and  settled  condition  of  toil  this  factor  is  almost  supreme. 
With  an  increasing  collective  productiveness  which  creates  an 
increasing  or  advancing  standard  of  living  and  thus  of  consum- 
ing power,  some  of  the  other  factors  listed  assume  greater  relative 
importance  than  they  have  in  the  state  of  society  first  mentioned. 
In  such  a  situation  the  influence  of  the  organization  of  labor, 
legislation  and  kindred  factors  are  greatly  increased  as  compared 
to  that  which  exists  in  the  state  of  society  first  reterrea  to. 

The  increasing  standard  of  living  is  the  factor  making  an  in- 
creasing number  of  persons  willing  to  toil  for  pin  money.  The 
needs  of  an  individual  or  family  is  determined  most  of  all  by  the 
standard  of  living  of  the  class  of  toilers  to  which  they  belong  or 
with  which  they  associate. 

Wages,  I  believe,  tend  to  equal  what  is  desirable  and  prac- 
tical. With  rising  productive  power  of  society  as  a  whole,  a  ris- 
ing standard  of  living  is  created  and  this  forces  up  wages  and 
the  most  effective  factors  of  this  change,  are  efficiency  of  workers, 
intelligence  of  toilers,  and  organization  of  the  workers.  Those 
having  these  qualities  or  controlling  the  advantages  secure  an 


QUESTIONAIBE    ON    WaGE    PeOBLEM  473 

advance  of  wages  first  and  most  adequately  while  those  not  so 
favored  secure  the  advance  last  and  to  the  least  extent. 

E.  M.  Sergeant 

a.  The  number  of  workers  available. 

b.  Organization  of  the  workers. 

c.  The  efiiciency  of  the  worker. 

d.  The  danger  and  difficulty  of  the  occupation. 

e.  The  regularity  of  the  work. 

f.  Local  or  trade  traditions. 

g.  The  chance  of  success  or  advancement, 
h.  The  mode  or  standard  of  living. 

i.  Organization  of  the  employers. 

I  should  say  that  items  marked  from  f  to  i  are  of  very  small 
importance,  and  those  stricken  out  entirely  negligible. 

Florence  Simms 

a.  Organization  of  the  workers. 

b.  Organization  of  the  employers. 

c.  The  number  of  workers  available. 

d.  Local  or  trade  traditions. 

I  think  that  only  the  four  factors  mentioned  have  a  large  share 
in  wage  determination. 

Harrison  B.  Smith 
The  wage  problem  in  this  community  (West  Virginia)  in- 
volves principally  mine  workers.  I  have,  therefore,  answered 
your  first  question  by  checking  the  mode  or  standard  of  living 
and  organization  of  the  workers.  Our  mine  workers  make  good 
wages.  Their  standard  of  living  is  not  high,  but  their  mode  of 
living  involves  large  expense.  The  organization  of  the  workers 
does  not  consider  the  amelioration  of  conditions,  but  wage  in- 
crease; this  does  not  produce  a  satisfactory  result  in  all  cases. 
It  is  a  notable  fact  that  our  mine  workers  purchase  their  food 
and  supplies  in  an  expensive  form;  the  result  is  that  there  is 
little  thrift  and  some  destitution,  where  the  amount  of  wages 
justifies  a  better  standard  of  living  and  provisions  for  old  age 
and  emergencies. 


474  Appendix  III 

G.  F.  Steele 

a.  The  efficiency  of  the  worker. 

b.  The  regularity  of  the  work. 

c.  The  danger  and  difficulty  of  the  occupation. 

d.  The  needs  of  the  individual  or  of  the  family. 

e.  The  chance  of  success  or  advancement. 

f.  Local  or  trade  traditions. 

You  will  observe  that  I  have  eliminated  *'  The  nimiber  of 
workers  available,"  as  1  do  not  believe  that  any  reputable  con- 
cern in  this  section  is  in  the  habit  of  taking  advantages  of  its 
employees  and  lowering  wages  in  time  of  business  depression.  I 
know  of  a  number  of  large  concerns  who  realized  that  the  cost  of 
living  had  not  decreased  materially  after  the  panic  of  1907,  and 
continued  to  pay  the  same  wages  that  they  were  paying  prior  to 
that  time;  nor  do  I  believe  that  organization  of  employers  and 
workers  has  had  any  appreciable  effect  on  the  rate  of  wages  in 
the  middle  west.  The  high  cost  of  living  has  resulted  in  increase 
of  wages,  undoubtedly,  because  of  the  fact  that  competition  for 
the  sendees  of  labor  has  been  keen,  and  it  has  been  necessary  to 
increase  wages  to  meet  the  higher  cost  of  living  in  order  to  keep 
full  crews. 

Robert  R.  Taylor 

a.  Organization  of  workers. 

b.  Organization  of  employers. 

c.  Demand  and  supply  of  products  (not  on  your  list). 

d.  Number  of  workers  available. 

e.  Local  or  trade  traditions. 

f.  Regularity  of  work. 

g.  Danger  or  difficulty  of  the  occupation, 
h.  The  size  of  the  profits. 

i.  The  efficiency  of  the  workers. 
j.  Chance  of  success  or  advancement. 
k.  The  mode  or  standard  of  living. 
1.   The  needs  of  the  individual  or  family, 
m.  The  need  of  pin  money  workers. 

I  look  on  the  organization  of  the  wage  earners  and  the  employers 
as  of  first  importance.  The  matter  of  organization  has  been  so 
often  discussed  that  there  is  not  much  that  is  new  that  I  could 


QUESTIONAIRE    ON    WaGE    PrOBLEM  475 

add,  but  in  the  building  trades,  where  my  work  is  and  has  been, 
the  importance  could  hardly  be  overestimated.  I  was  living  in  a 
certain  city  where  I  did  much  of  the  constructive  work  in  a  large 
architect's  office  and  saw  one  trade  union  practically  tie  up  build- 
ing operations  because  a  man  wanted  to  put  his  own  son  in  his 
own  shop  and  the  union  objected  as  his  son's  name  came  on  the 
apprentice  list,  but  below  that  of  other  boys,  and  the  union  said 
his  boy  must  wait  his  turn.  I  could  cite  numerous  cases  which 
have  come  under  my  observation  showing  what  a  power  it  is. 

It  may  be  surprising  to  note  that  I  put  efficiency  so  low  in  the 
list,  but  I  feel  pretty  strongly  that,  except  in  piece  work,  the 
efficiency  of  the  workman,  however  much  may  be  said  about  it,  is 
not  as  productive  of  increased  pay  as  many  believe. 

A  larger  total  wage  may  result  because  of  increased  length  of 
employment,  but  rarely  have  I  seen  a  wage  paid  which  corre- 
sponds to  the  ratio  of  increased  efficiency,  that  is,  if  one  man  does 
one-third  more  work  than  another,  he  rarely  if  ever  receives 
one-third  more  in  wages.  There  may  be  a  slight  increase  or  de- 
crease in  wages,  but  not  in  proportion  to  the  increased  or  decreased 
amount  of  work  done.  There  is  usually  a  current  rate  of  wage 
for  workers  in  different  industries  in  a  locality,  and  very  little  is 
paid  above  that  wage.  It  might  be  noted  that  where  the  piece 
syst^n  of  pay  is  employed,  often  there  is  a  sliding  scale  of  wages, 
and  usually  some  regulation  of  the  maximum  wage  which  can  be 
earned.  Probably  laborers  on  railroad  building  in  certain  sections 
of  the  country  may  be  an  exception.  Usually  recruited  from  the 
less  intelligent  and  least  ambitious,  and  isolated  largely  because 
of  the  character  of  their  work,  there  is  not  the  organization  or 
leadership  that  obtain  in  other  lines  of  industry. 

H.  K.  Thomas 

a.  Efficiency  of  the  worker. 

b.  Regularity  of  the  work. 

c.  Danger  and  difficulty  of  the  occupation. 

d.  Local  or  trade  traditions. 

The  other  factors  suggested  have  not,  in  my  experience,  in- 
fluenced the  matter. 


476  Appendix  III 

W.  H.  Thompson 
Earnest  insistence  is  the  chief  factor  in  the  determination  of 
wages.  Organization  and  concerted  action  of  workers  have 
brought  about  many  advantages  to  workmen,  and  are  about  the 
only  successful  means  for  attaining  such  ends.  The  number  of 
workers  may  occasionally  have  a  bearing  upon  the  amount  of  wages 
paid,  but  only  a  slight  one.  I  have  worked  on  short-handed 
switching  crews  a  month  at  a  time,  saving  the  company  a  man's 
pay,  without  any  additional  pay. 

A.  C.  Vandiver 

a.  Number  of  workers  available. 

b.  Kegiilarity  of  the  work. 

c.  Organization  of  the  workers. 

d.  Danger  and  difficulty  of  the  occupation. 

e.  Organization  of  employers. 

f.  Local  or  trade  conditions. 

g.  Efficiency  of  the  worker, 
h.  Size  of  profits, 

i.  Chance  of  success  or  advancement, 
j.  Mode  or  standard  of  living. 
k.  l^eeds  of  pin  money  workers. 
1.  Needs  of  the  individual  or  of  the  family. 

0.  J.  Weehs 

The  factor  determining  the  rate  of  wages  is  the  efficiency  of 
the  employee.  Help  can  be  hired  at  all  prices,  but  where  good 
help  is  essential,  a  good  wage  must  be  paid.  The  cheaper  class  of 
help  seems  to  be  a  listless  lot,  who  float  around  from  place  to  place, 
evidently  not  caring  whether  they  work  or  not,  some  of  them  prid- 
ing themselves  upon  their  independence  in  not  taking  orders  from 
their  superiors. 

William  L.  \Yest 

a.  The  efficiency  of  the  worker. 

b.  The  cost  of  living  in  the  community  in  which  the  worker  is 

employed. 

c.  The  number  of  workers  available. 

d.  The  regularity  of  the  work, 
f.  The  size  of  the  profits. 


QuESTiONAiEE  ON  Wage  Peoblem  477 

As  an  example  of  the  second  factor  I  would  cite  the  rate  of 
wages  in  New  York  City,  where  employers  are  compelled  to  pay 
more  for  the  same  class  of  work  than  in  the  towns  of  smaller 
size. 

The  needs  of  the  family  are  not  a  factor  to  any  considerable 
extent  in  the  rate  of  wages,  though  occasionally,  out  of  a  feeling 
of  sympathy,  an  employer  pays  a  workman  more  out  of  considera- 
tion for  his  needs. 

The  regularity  of  work  is  quite  a  factor  in  determining  the  rate 
of  wages.  Workers  are,  as  a  rule,  glad  to  work  for  a  smaller 
wage  if  employed  continually  throughout  the  year  than  they  are 
willing  to  accept  at  occupations  which  are  irregular.  The  organi- 
zation of  employers  is  litle  if  any  factor  in  the  rate  of  wages. 

The  organization  of  workers,  has,  undoubtedly,  increased  wages 
in  a  number  of  cases.  While  this  is  undoubtedly  a  desirable  thing 
from  the  point  of  view  of  the  workers  who  receive  the  wages,  it  has 
the  effect  of  diminishing  the  purchasing  power  of  wages  in  almost 
all  other  occupations.  To  illustrate :  the  high  wages  now  received 
by  all  connected  with  the  building  trade  has  increased  the  cost  of 
building  to  such  an  extent  that  much  higher  rents  must  now  be 
paid  for  the  same  class  of  buildings  than  prevailed  a  few  years 
ago.  As  a  result,  it  is  becoming  increasingly  difficult  for  a  family 
whose  earnings  are  not  large,  to  live  in  a  detached  house.  High 
rents,  caused  by  high  wages  of  mechanics,  are  steadily  driving  the 
inhabitants  of  large  cities  to  live  in  smaller  and  smaller  quarters 
and  depriving  them  of  light  and  air  to  a  much  greater  extent  than 
formerly. 

Ansley  Wilcox 
The  great  determinant  is  to  be  found  in  the  law  of  supply  and 
demand.  Each  of  the  factors  mentioned  to  some  extent  modifies 
the  operation  of  the  law  of  supply  and  demand,  but  only  in  a 
minor  way.  By  far  the  most  important  is  the  organization  of 
employees,  which  sometimes  produces  a  forcible  disarrangement 
of  conditions,  but  tends  generally  to  produce  more  healthy  changes 
in  the  conditions  of  supply  and  demand. 


478  Appendix  III 

Momay  Williams 

It  is  impossible  to  indicate  the  importance  of  the  various  factors 
enumerated.  For  instance,  in  the  case  of  trades  or  employments 
requiring  very  special  preparation  and  skill,  "  the  efficiency  of 
the  worker  "  is,  of  course,  one  of  the  most  important  in  determin- 
ing the  rate  of  wages.  But  where  far  less  skill  is  required  and 
there  are  large  numbers  of  workers  employed,  the  efficiency  of  the 
particular  worker  sinks  greatly  as  a  dominating  factor  in  deter- 
mining the  rate  of  wages.  The  same  is  true  of  "  the  danger  and 
difficulty  of  the  occupation."  In  such  trades  as  that  of  caisson 
workers  the  rate  of  wages  is  almost  exclusively  dependent  on  the 
danger  of  the  occupation.  But  in  trades  where  there  is  gi*eat 
danger  from  other  causes,  as  from  the  bad  air  and  bad  sanitation 
of  sweat  shops,  the  danger  of  the  occupation  does  not  enter  as  a 
factor  in  fixing  wages.  For  the  great  majority  of  wage  workers, 
the  "  organization  of  the  workers  "  is  perhaps  the  chief  factor  in 
determining  the  high  rate  of  wages,  while  the  "  organization  of 
employers  "  is  one  of  the  chief  factors  in  reducing  wages. 

In  particular  employments,  "  the  regularity  of  the  work  "  and 
"  local  or  trade  conditions  "  will  greatly  affect  the  rates  of  wages. 
"  The  mode  or  standard  of  living "  or  the  worker  will  apply  to 
the  lower  paid  and  less  skilled  workers.  Something  of  the  same 
kind  is  true  in  the  case  of  the  needs  of  the  individuals  or  of  the 
family  in  small  communities  rather  than  in  large  cities. 

The  needs  of  pin-money  workers  would  chiefly  affect  women 
workers  in  such  employments  as  have  become  very  popular  with 
them.  It  is  not  a  large  element  in  any  other  employment.  The 
chance  of  success  or  advancement  enters  as  a  determining  factor 
only  in  the  higher  ranks  of  workers  and  employments.  Among 
the  great  mass  of  workers  organization  is  a  more  important  element 
in  fixing  the  rate  of  wages  than  chance  of  advancement. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  479 

Question  No.  2- 
Do  you  believe  that  wages  as  determined  by  these  factors  tend 
generally  to  equal  what  is  desirable  and  practicable  from  the  point 
of  view  of  society  as  a  whole  ? 

D.  B.  Armstrong 
The  answer  is  obviously  "  no."     There  is  decidedly  too  great  a 
difference  between  what  all  admit  to  be  the  necessary  amount  for 
self-respecting  family  maintenance  and  the  average  income  of  the 
great  majority  of  families. 

0.  L.  Amer 

Emphatically  no. 

Selden  Bacon 

Your  second  question  seems  to  me  to  mix  up  two  totally  different 
things:  (1)  what  is  desirable,  and  (2)  what  is  practicable.  It  is 
desirable  that  every  laborer  should  have  a  large  wage ;  that  is  not 
practicable,  because  the  increase  of  wage  in  any  line  tends  to 
increase  of  cost  of  the  product  of  that  line  to  all  consumers.  What 
is  practicable  is  a  totally  different  proposition.  What  is  prac- 
ticable from  one  point  of  view  becomes  impracticable  from  an- 
other; but  viewing  your  question  in  a  more  popular  light  it  may 
mean  what  better  system  can  be  devised,  and  that  is  a  problem 
of  the  utmost  complexity,  and  where  socialistic  remedies  which 
seem  to  help  are  very  apt  to  hinder  in  other  directions.  It  seems 
sometimes  as  though  a  minimum  wage  would  be  a  great  advantage 
to  a  certain  type  of  employees,  but  those  who  advocate  that  solution 
seem  to  forget  that  a  minimum  wage  law,  actually  enforced,  means 
that  the  wage-earner  whose  efficiency  is  not  sufficient  to  produce 
a  product  that  will  give  that  wage  will  not  be  employed,  so  that  the 
seeming  remedy  is  worse  than  the  disease  it  was  sought  to  cure. 
The  same  effect  follows  not  infrequently  on  the  efforts  of  labor 
unions  to  make  an  artificial  minimum  wage. 

I  can  only  hope  that  your  commission  in  studying  this  subject 
will  use  the  utmost  care  in  analyzing  its  questions,  so  as  to  get  the 
precise  question  framed  and  separated  from  other  elements  which 
do  not  properly  enter  into  the  question. 


480  Appendix  III 

L.  Bamet 
Yes,  if  considered  over  long  periods.  There  can  be  no  doubt, 
however,  that  taking  small  segments  of  time  it  would  be  difficult 
to  demonstrate  the  truth  of  this  statement.  It  is  beyond  con- 
tradiction that  the  condition  of  the  wage  worker  has  continually 
improved  from  the  time  when  industry  outside  of  the  homes  was 
first  introduced.  With  the  increasing  attention  which  is  being 
given  to  the  living  conditions  of  the  wage-earners,  they  would  tend 
in  the  long  run  to  approximate  what  is  desirable  and  practicable 
socially. 

Gertrude  Bamum 
No, 

George  Gordon  Battle 

Wages  as  determined  by  these  factors  tend  generally  to  equal 
what  is  desirable  and  practicable  from  the  point  of  view  of  society 
as  a  whole.  But  this  tendency  has  not  yet  reached  the  full  extent 
to  which  it  should  go.  In  other  words,  I  believe  that  the  tendency 
of  the  condition  referred  to  is  to  do  justice  to  employees,  but  so 
far  that  condition  is  not  fully  developed.  There  is  still  far  too 
great  a  disproportion  between  the  rewards  that  come  to  the  em- 
ploying class  and  those  which  come  to  the  employed  class.  This 
disproportion  is  growing  less,  but  there  is  still  much  room  for 
improvement. 

Emma  B.  Beard 

No. 

Holm,es  Beckwith 

Yes,  in  the  sense  that  more  often  than  not  the  wages  are  approxi- 
mately just ;  no,  in  the  sense  that  there  are  many  grave  injustices 
indeed,  which  should  be  righted  so  far  as  may  be,  and  that  society 
should  strive  earnestly  to  raise  efficiency  all  around,  as  by  foster- 
ing and  supporting  more  and  better  industrial  education  for  the 
masses. 

Roy  G.  Blakey 

Wages  tend  to  approximate  what  is  practicable  among  well- 
organized  and  intelligently  directed  labor  unions,  especially  in  the 
skilled  trades,  where  such  unions  are  most  feasible;  also,  in  a 
great  many  other  industries,  in  many  cases  where  there  is  free 


QuESTiONAiRE  ON  Wage  Problem  481 

competition  among  employers  and  where  labor  is  mobile,  can 
change  easily  where  conditions  are  not  satisfactory.  It  is  possible 
in  some  cases  to  extort  more  than  reasonable  wages  from  employers, 
where  labor  unions  are  very  strong  and  employer  has  much  to  lose 
from  idle  plant  or  violence,  but  if  persisted  in  this  puts  the  em- 
ployer out  of  business  in  time. 

Henry  L.  Caiman 
Wages  determined  by  the  above  factors  result  in  practical  jus- 
tice as  a  rule. 

Victor  S.  ClarJc 
I  should  say,  in  a  general  way,  yes,  that  wages  tend  to  what 
is  practicable.     They  do  not  attain  that,  but  constantly  approach  it. 

Miles  M.  Dawson 
In  the  absence  of  organization  of  workmen  there  is  a  definite 
tendency  toward  the  lowest  living  wage  without  regard  to  what 
is  desirable  or  practicable  from  the  point  of  view  of  society  as  a 
whole. 

Carroll  W.  Doten 
In  general  in  regard  to  questions  2  and  3,  I  may  say  that  I 
believe  laborers  have  never  received  as  large  a  share  of  the  product 
of  industries  as  they  ought  to  have  received.  How  this  social 
injustice  can  be  remedied  is  a  question  which  I  am  not  prepared 
to  answer;  the  solution  will  come  gradually  and  I  do  not  believe 
it  can  be  brought  about  by  any  single  agency,  whether  govern- 
mental or  other. 

Elizabeth  Butcher 
For  data,  see  Mr.  Scott  hearing's  figures  on  American  wages, 
and  their  relation  to  efficient  living.      (One-half  the  workers  of 
this  country  do  not  earn  $600  a  year.) 

Similarly,  the  N.  Y.  Association  for  Improving  Condition  of 
the  Poor  showed  (1909)  that  45  per  cent,  of  the  heads  of  families 
(men  and  women)  in  Xew  York  receive  less  than  $600  a  year. 
Required  to  maintain  "  efficiency,"  $900. 
Vol.  I  — IC 


482  Appendix  III 

Geo.  Eastman 
Yes. 

Sarah  Elhus 

I  believe  that  wages  as  determined  by  these  factors  tend  gen- 
erally to  equal  what  is  desirable  and  practicable  from  the  point 
of  view  of  society  as  a  whole. 

C.  E.  Gardiner 
We  do  not  think  the  results  attained  satisfactory  from  any 
point  of  view,  and  we  believe  they  might  be  made  more  desirable. 

W.  A.  Carrigues 

We  believe  generally  that  wages  should  be  and  are  determined 
by  the  factors  we  have  indicated.  We  are  answering  this  ques- 
tion from  the  standpoint  of  a  practical  business  policy  as  well  as 
from  the  standpoint  of  philanthropy. 

Bolton  Hall 

I  don't  believe  that  wages  as  determined  by  these  factors  tend 
generally  to  equal  what  is  desirable  and  practicable  from  the  point 
of  view  of  society  as  a  whole,  and  I  doubt  if  anybody  else  does. 

W.  R.  Heath 
No.  Confining  the  consideration  to  the  wage  problem  only, 
we  have  the  trinity  of  interest,  the  employer  who  is  not  willing  to 
do  as  much  as  he  ought,  the  employee  who  is  not  -willing  to  do  as 
much  as  he  ought,  and  "  society  as  a  whole  "  which  is  not  willing 
to  do  anything  at  all.  Society  as  a  whole  wishes  society  per- 
petuated but  does  not  endeavor  to  equalize  the  burden  of  such 
perpetuation. by  exacting  contribution  from  those  who  do  not  pro- 
duce or  help  bear  the  burden  of  those  who  contribute  more  than 
their  share.  Society  as  a  whole  wishes  society  to  be  self-support- 
ing, but  it  does  less  than  its  share  in  making  society  capable  of 
self-support.  Society  as  a  whole  wishes  society  cared  for,  but 
has  failed  utterly  in  taking  care  of  its  own  derelicts  in  a  sane  and 
proper  way.  Society  as  a  whole  is  not  doing  its  share  in  the 
careful  consideration  of  ways  and  means  to  promote  and  preserve 


Question  AIRE  on  Wage  Peoblem  483 

moral,  intellectual  and  physical  health  of  society.  Society  as  a 
whole  has  shown  considerable  interest  in  society  with  reference 
to  its  hours  of  labor,  its  healthful  workshop,  its  safe  workroom, 
its  proper  compensation  for  labor,  its  compensation  for  mis- 
fortune, but  society  as  a  whole  has  shown  little  or  no  interest  in 
society's  other  sixteen  hours  —  where  it  shall  sleep,  where  it  shall 
be  housed,  what  is  shall  eat  and  drink,  where  it  shall  recreate, 
how  it  shall  keep  its  health,  etc.  The  danger  at  this  time  is  not 
so  much  in  the  eight  hours  of  labor  as  in  the  sixteen  hours  of  rest. 
Low  efficiency  now  is  not  due  to  labor  in  most  instances,  but  is 
due  to  so-called  rest  and  recreation.  High  cost  of  living  in  no 
small  part  is  due  to  low  efficiency.  Low  efficiency  is  almost  en- 
tirely due  to  improper  living  during  the  sixteen  hours  of  non- 
employment,  and  in  this  society  as  a  whole  should  interest  itself. 

Carrying  this  idea  one  step  farther,  industry  if  it  is  to  prosper 
cannot  support  inefficiency,  indolence  and  incapacity.  It  can- 
not pay  for  the  accidents  it  does  not  produce,  nor  support  those 
who  have  become  sick  and  maimed  in  traveling  along  the  pathway 
of  pleasure  and  license.  We  favor  a  full  day  of  rest  for  every  six 
consecutive  days  of  labor,  knowing  our  lowest  efficiency  and 
highest  accident  record  is  on  the  day  following  this  day  of  rest 
and  the  day  following  the  holiday,  and  this  problem  we  turn  over 
to  society  as  a  whole. 

And  again,  if  society  as  a  whole  is  to  be  perpetuated,  society 
as  a  whole  must  furnish  to  every  man  in  jail  or  out  of  jail  em- 
ployment suited  to  his  abilities,  for  which  he  shall  receive  reason- 
able pay,  which  pay  shall  first  go  toward  the  support  of  himself 
and  those  for  whom  he  is  responsible,  the  distribution  to  be  made 
by  the  worker's  own  voluntary  act  if  capable,  and  by  the  act  of 
society  as  a  Avhole  if  incapable.  No  man  should  be  deprived  of 
the  right  of  work  merely  because  he  has  for  the  time  being  sacri- 
fised  his  right  of  freedom  of  movement  in  society. 

These  are  problems  for  society  as  a  whole,  and  are  not  prob- 
lems for  the  industry.  The  industry  pays  for  services  performed, 
society  as  a  whole  furnishes  employment  to  those  who  would  not 
otherwise  have  it,  some  of  which  will  be  performed  voluntarily 
and  other  involuntarily. 


484  Appendix  III 

Leo  Hirschfeld 
Yes. 

F.  Lincoln  Hutchins 

In  a  condition  of  equal  opportunity  the  natural  law  must  bring 
best  results,  as  man  has  not  yet  been  able  to  improve  on  nature's 
laws  or  to  avoid  the  penalty  for  disobeying  them.  In  a  community 
where  every  worker  has  free  opportunity  no  poverty  can  be 
chronic  except  that  due  to  failure  of  natural  crops  or  introduction 
of  epidemics.  This  free  opportunity  is  impossible  unless  the 
worker  has  free  access  to  the  land  and  implements  of  production. 

Where  such  free  opportunity  is  denied  by  special  property 
rights,  it  is  inevitable  that  parties  holding  such  rights  will  levy 
tribute  before  permitting  the  worker  to  produce.  Hence  present 
average  wages  cannot  be  just,  and  what  is  unjust  is  neither  desir- 
able nor  (in  the  long  run)  practicable.  It  leads  to  just  such 
labor  disturbances  as  those  with  which  the  present  day  is  troubled. 

Alvin  S.  Johnson 

I  do  not  believe  that  wages,  as  determined  by  the  factors  given, 
are  equal  to  what  is  desirable  and  practicable.  In  the  present 
condition  of  society,  low  wages  in  the  present  produce  the  in- 
efficiency which  make  low  wages  in  the  future  inevitable.  There 
are  many  trades  that  yield  wages  sufficient  for  efficiency;  here, 
I  should  say,  the  factors  above  mentioned  might  be  left  to  work 
out  their  own  result. 

E.  M.  Keator 
I  believe  that  the  wages  as  determined  by  these  factors  tend 
generally  to  equal  what  is  practicable  from  the  point  of  view  of 
society;  but  not  what  is  desirable.  It  is  very  difficult  to  satisfy 
desire  permanently,  and  any  wage  legislation  based  on  such  a 
theory  would  result  in  chaos.  Wages  would  be  automatically  in- 
creased by  every  succeeding  legislature. 

R.  C.  Kemmerer 
Yes. 

Wilford  I.  King 
Not  desirable,  but  practicable. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  485 

George  J.  Kraft 

The  fact  that  one  man  has  worked  as  foreman  in  my  factory 
for  fifty-four  years,  his  father  and  his  older  brother  holding  the 
same  position  before  him;  that  my  present  foreman  has  worked 
for  me  twenty-four  years,  working  his  way  up  from  the  lowest 
position ;  that  I  have  now  in  my  employ  one  "  girl  "  that  has 
worked  for  me  for  nearly  thirty  years,  another  for  twenty-six  years 
and  others  for  shorter  (but  still  long)  time;  that  I  have  had  in 
my  workshop  many  whose  mothers  formerly  worked  for  me,  would 
seem  to  indicate  that  they  were  pretty  well  satisfied  with  their 
work,  with  their  surroundings  and  their  pay. 

H.  P.  Lansdale 
Too  little  attention,  to  my  mind,  is  being  given  to  the  needs 
of  the  individual  and  of  the  family;  and  yet  I  do  not  see  any 
solution  to  the  proposition;  and  I  am  further  convinced  that  in 
some  way  the  workers  should  share  in  the  profits,  as  I  am  a  be- 
liever in  co-operative  business. 

D.  D.  Leschoier 

T  do  not  believe  that  wages  as  determined  by  these  factors  tend 
generally  to  equal  what  is  desirable  and  practicable  from  the 
point  of  view  of  society  as  a  whole,  for  the  following  reasons: 
First,  price  changes,  which  make  it  impossible  for  the  worker 
to  continue  to  meet  his  necessary  cost  of  living  or  his  desired 
standard  of  living  at  the  wage  rates  which  were  current  at  the 
time  when  the  price  changes  began,  do  not  register  themselves 
quickly  in  a  corresponding  increase  of  wages.  We  have  been  in 
a  period  of  rapidly  rising  prices  since  1898,  but  even  at  the 
present  time  wages  are  not  showing  any  tendency  to  rise  as 
rapidly  as  prices  have  been  doing;  so  that  our  workers  appear  to 
be  worse  off  as  far  as  meeting  their  costs  of  living  is  concerned  at 
the  present  time  than  they  were  in  1900.  Wages  ought  to  be  de- 
termined by  some  force  which  would  keep  a  reasonable  balance 
between  what  we  might  call  a  normal  standard  of  living  and  the 
existing  wage  rates.  The  resistance  of  older  wage  standards  to 
any  new  forces  which  tend  to  raise  wages,  and  the  greater  ad- 
vantage of  the  employer  in  the  wage  bargain,  tend  to  prevent  this 


486  Appendix  III 

readjustment  which  the  best   interests   of  the   workers   and   of 
society  require. 

Willium  H.  Lough 

Wages  are  about  as  high  on  the  average  as  is  now  possible. 
Two  factors  which  have  been  at  work  for  generations  and  which 
will  continue  to  work  indefinitely  tend  to  increase  "  productivity  " 
and  thereby  raise  "vvages.  The  first  factor  is  an  increase  in  the 
average  efficiency  of  the  individual  workers  due  to  better  education 
and  better  standards  of  living;  the  second  factor  is  an  increase 
in  the  "  j^roductivity  "  of  capital  due  to  inventions  and  improve- 
ments. The  laborer,  as  well  as  the  owner  of  the  capital,  is  bound 
to  profit  by  this  second  factor. 

It  is  highly  desirable,  in  my  opinion,  that  wages  should  be  in- 
creased all  along  the  line.  I  can  see  no  possible  way  of  bringing 
about  this  increase  except  through  the  working  of  the  two  factors 
just  mentioned. 

Benjamin  C.  Marsh 

It  seems  to  me  self-evident  that  wages  as  determined  by  the 
factors  you  have  enumerated  do  not  equal  what  is  desirable  and 
practicable  from  the  point  of  view  of  society  as  a  whole.  Obviously 
the  only  real  question  is  whether  the  wages  are  just  and  are  suf- 
ficient to  enable  the  family  to  maintain  a  minimum  standard  of 
national  efficiency  of  the  country,  which  includes  enough  to  sup- 
port the  members  of  the  family  dependent  when  the  working  days 
are  over. 

Most  of  the  unskilled  wage  earners,  not  engaged  in  government 
work,  secure  less  than  the  minimum  wage  on  any  fair  standard  of 
living.  Unfortunately  in  the  city  of  New  York,  until  recently,  if 
not  at  present,  many  municipal  employees,  especially  per  diem 
employees,  received  less  than  the  wages  required  to  maintain  a 
national  standard  of  efficiency. 

David  A.  McCahe 
Wages  as  now  determined  are  in  many  cases  below  what  is  desir- 
able and  practicable  from  the  standpoint  of  society  as  a  whole;  I 
refer  not  to  individual  cases  but  to  the  normal  rates  for  workers 
of  average  efficiency  in  many  occupations  or  sub-occupations. 


QUESTIONAIRE    ON   WaGE    PrOBLEM  48Y 

Geo.  A.  McKinloch 
Yes,  in  general. 

Henry  T.  Noyes 

In  general,  wages,  as  determined  by  these  factors,  tend  to  equal 
what  is  desirable  and  practicable  from  the  point  of  view  of  society 
as  a  Avhole. 

Almtis  Olper 
I  do  not  believe  that  wages,  as  determined  by  these  factors,  tend 
generally  to  equal  what  is  desirable  and  practicable  from  the 
point  of  view  of  society  and  as  a  whole,  for  the  reason  that  neither 
the  employer  or  the  employee  take  this  question  into  consideration, 
except  as  the  employee  demands  a  higher  wage  in  order  to  elevate 
the  standard  of  living  of  his  family.  However,  on  the  whole, 
little  consideration  is  given  the  attainment  of  this  end,  and  such 
instances  as  have  come  to  my  attention  have  been  almost  invariably 
brought  about  by  other  means. 

Alfred  E.  Ommen 
In  general,  yes,  but  there  are  doubtless  many  exceptions, 
especially  if  the  course  of  years  is  not  taken  into  account.  It  is 
believed  that  the  business  man  knows  best  how  to  regulate  his  busi- 
ness and  just  how  much  he  can  afford  to  pay  the  workmen,  and 
that  the  workmen  should  rather  work  with  the  employer  than  for 
him.  Those  who  legislate  on  this  question  know  very  little  of  the 
industries  affected  by  this  legislation. 

Edward  D.  Page 
Wages  are,  of  course,  adjustments  of  the  lives  of  individuals  to 
the  needs  of  society  as  expressed  in  its  social  and  economic  condi- 
tions ;  and  they  are,  therefore,  what  is  desirable  and  practical  from 
the  social  point  of  view. 

Maurice  Parmelee 

These  factors  have  not  as  yet  made  wages  in  general  as  high 
as  they  should  be  on  broad  social  grounds.  Whether  or  not  these 
factors  alone  will  make  them  sufficiently  high  in  the  future  it  is 


488  Appendix  III 

difficult  to  sav.     The  organization  of  the  workers  may  succeed  in 
doing  so. 

Raymond  V.  Phelan 

Wages  as  now  determined  do  not  tend  generally  to  promote  what 
is  desirable  and  possibly  practicable,  from  the  view  point  of 
society. 

E.  M.  Sergeant 
There  is  no  doubt  that  wages  do  not  tend  in  general  to  equal 
what  is  desirable  from  the  point  of  view  of  society  as  a  whole. 
Whether  it  is  practicable  to  modify  this  condition  by  the  intro- 
duction of  artificial  conditions  or  regulations,  appears  to  me  ex- 
tremely doubtful. 

B.  F.  Steele 
I  believe  that  wages  as  determined  by  these  factors  tend  gen- 
erally to  equal  what  is  desirable  and  practicable  from  the  point  of 
view  of  society  as  a  whole ;  but  I  further  believe  that  it  is  wise  to 
establish  a  minimum  wage  for  women  and  minors,  and  I  am  not 
particularly  -partial  to  the  employment  of  minors,  except  under 
very  strict  laws. 

H.  K.  Thomas 
Generally  speaking,  yes ;  but  this  does  not  apply  to  the  profes- 
sional classes. 

W.  H.  Thompson 
As  a  whole,  no ;  they  are  very  short  of  an  equitable  distribution 
of  what  the  workers  produce.    Hence  the  large  calls  upon  charity 
to  overcome  destitution. 

Almuth  C.  Yandiver 

I  do  not  believe  that  the  wages  as  determined  by  these  factors 
tend  generally  to  equal  what  is  desirable  and  practicable  from 
the  point  of  view  of  society  as  a  whole,  except  in  so  far  as  the 
rates  of  wages  are  determined  by  the  efficiency  of  the  worker,  the 
danger  and  difficulty  of  the  occupation,  the  regularity  of  the  work, 
the  chance  of  success  and  advancement  and  the  size  of  the  profits. 


QuESTIONAlRE   ON   WaGE    PrOBLEM  480 

Ansley  Wilcox 

Wages,  as  at  present  existing,  are  not  equal  to  what  is  desirable ; 
but  I  do  think  that  in  most  cases  they  equal  what  is  practicable ; 
and  I  think  that  they  "  tend  generally  "  to  equal  what  is  both  de- 
sirable and  practicable,  from  the  point  of  view  of  society  as  a 
whole.     This  is  a  strong  and  permanent  tendency. 

Momay  Williams 
All  of  the  factors  mentioned  have  not  so  far  operated  to  equal 
what  is  desirable  and,  I  believe,  practicable  from  the  point  of 
view  of  society  as  a  whole. 


490  Appendix  111 

Question  ^o.  3 

If  you  believe  number  2  to  be  true  in  general,  are  there  any 
particular  industries  or  groups  of  workers  that  for  special  rea- 
sons are  an  exception  to  it  ?  If  so,  mention  any  such  and  state 
why  they  are  exceptional. 

Emma  B.  Beard 
Certain  trades  with  strong  unions  are  exceptions. 

L.  Bamet 
With  the  exception  of  the  necessary  regulation  of  labor  for 
children,  and  the  proper  control  of  the  hours  of  labor  for  women, 
there  are  no  particular  industries  or  groups  of  workers  for  whom 
special  legislation  is  necessary. 

George  Gordon  Battle 
The  particular  industries  or  groups  of  workers  that  are,  for 
special  reasons,  an  exception  to  the  rule  that  wages  tend  generally 
towards  justice,  are  the  unskilled  and  the  unorganized.  The  un- 
skilled do  not  get  adequate  wages  because  of  their  numbers  and 
excessive  helplessness.  If  they  are  unskilled,  they  are  apt  to  be 
unorganized.  Even  if  they  are  unskilled,  they  will  get  better 
justice  if  organized.  If  neither  skilled  nor  organized,  their 
condition  is  the  worst  of  all. 

Holmes  Beckwith 

There  are  groups,  such  as  the  garment  workers  in  Xew  York 
City,  on  the  whole  technically  and  economically  inefficient,  whose 
inefficiency  results  in  low  wages  and  is  lamentable.  Strictly, 
their  low  wage  is  just,  unless  we  inquire  as  to  the  deep-lying 
causes  of  their  inefficiency.  That  it  is  just,  if  so,  is  no  sufficient 
reason  for  the  State  not  to  interfere.  Often,  however,  the  ignor- 
ance of  these  workers  and  others  similarly  situated  (the  sweated 
and  tenement  occupations)  results  in  their  being  paid  less  than 
their  services  are  worth. 


Question  AIRE  on  Wage  Problem  491 

Roy  G.  Blakey 
Unorganized  groups  of  laborers  or  individual  laborers  are  apt 
to  get  less  than  they  should  if  employers  organize  to  pay  as  low 
wages  as  possible  or  have  a-  tacit  understanding  to  the  same  effect, 
or  if  single  employers  employ  largo  numbers  (for  in  the  latter 
case  the  one  employer  is  a  combination  in  himself,  to  some  ex- 
tent). Women  and  children  are  less  mobile,  less  free  to  move 
about  to  take  advantage  of  bettor  wages  and  better  conditions 
than  are  men,  their  unions  are  generally  less  permanent  and  suc- 
cessful and  to  that  degree  they  form  a  separate  class  needing 
special  protection  at  the  hands  of  organized  society.  The  more 
ignorant  and  unskilled  men  are,  the  less  they  know  of  the  pos- 
sibilities of  organization,  the  more  true  this  is  of  women  also. 

Charles  L.  Chute 
In  industry  under-payment  of  wage  earners  is  general.    Where 
labor  is  unskilled  and  ignorant,  and  large  numbers  are  employed, 
wages  are  exceptionally  low. 

Miles  M.  Dawson 
There  are  particular  industries  or  groups  of  workers  which  are 
exceptional  in  that,  owing  to  want  of  organization  and  to  the 
large  proportion  of  women  or  children  who  enter  them,  the  ten- 
dency toward  the  lowest  living  wage  —  or  even  below  the  lowest 
living  wage  —  is  irresistible.  The  tendency  to  the  lowest  living 
wage  which  exists  in  the  absence  of  organization  of  workmen  even 
though  there  were  no  other  exceptional  circumstances  but  the 
competition  of  children  and  of  women  who  live  at  home  and  are 
partly  supported  by  parents  or  others  or  who  contribute  only 
partly  to  the  support  of  a  family  makes  all  such  industries  ex- 
ceptional, and  in  the  absence  of  minimum  wage  legislation  or  of 
organization  of  workmen  (which  is  in  such  cases  exceedingly  dif- 
ficult, and  perhaps  as  regards  thorough  organization,  impossible) 
the  lowest  wages  in  such  businesses  are  likely  to  be  under  the 
lowest  wage  at  which  the  worker  could  live  independently. 
Among  such  industries  are  the  department  stores.  All  indus- 
tries into  which  women  enter  in  large  numbers  or  in  which  the 
labor  of  children  is  largely  employed,  fall,  so  far  as  I  am  aware, 
within  this  class. 


492  Appendix  III 

C.  E.  Gardiner 

We  do  not  believe  number  2  to  be  true,  but  the  unsatisfactory 
character  of  the  results  varies  in  degree,  and  may  demand  vary- 
ing treatment. 

W.  A.  Garrigues 

We  believe  that  wages  in  the  building  trades  are  generally 
greater  than  the  value  of  the  service  rendered,  due  to  the  in- 
fluence of  trades  unions  in  the  past.  The  excess  paid  is  a  tax  to 
which  the  workers  themselves  contribute  in  increased  cost  of  liv- 
ing. 

F.  H.  Gilson 

Any  industry  which  employs  persons  who  for  lack  of  oppor- 
tunity to  do  better  are  bound  to  remain  in  the  industry,  should 
pay  a  living  wage  to  the  experienced  people  therein.  Appren- 
tices in  all  industries  must  expect  to  receive  lower  wages  and  in 
some  instances,  perhaps,  even  pay  for  their  instructions. 

Bolton  Hall 
Conditions  are  exceptionally  bad  in  occupations  where  the  op- 
portunities are  monopolized,  as  in  mines. 

Mary  Alden  Hopkins 
The  untruth  of  2  is  clearly  shown  in  the  case  of  widows  sup- 
porting children,  and  daughters  supporting  parents. 

Howard  C.  Hopson 
In  some  particular  industries  or  groups  of  workers  these  fac- 
tors do  not  produce  a  result  that  is  for  the  good  of  the  particular 
workers  or  society  as  a  whole  resulting  from  undue  predomin- 
ance being  given  to  certain,  of  them.  For  example,  in  some  in- 
dustries the  profits  of  the  business  are  so  small  that  it  is  impos- 
sible for  the  employers  to  pay  a  proper  wage,  owing  to  competi- 
tion, the  gradual  abandonment  of  use  of  the  product,  or  some- 
thing of  that  sort.     In  some  occupations  the  perversion  of  the 


QuESTIONAIKE    ON    WaGE    PrOBLEM  493 

proper  purpose  of  the  organization  of  the  workers  has  gone  to- 
ward limiting  production,  either  by  shortening  the  hours  of  work 
below  what  is  desired  by  the  workers  themselves  or  below  what 
they  can  reasonably  accomplish.  For  example,  on  large  contract 
works  being  performed  away  from  the  centers  of  population  or 
by  a  transient  class  of  labor,  the  laborers  would  much  prefer  to 
work  longer  than  seven  or  eight  hours  and  receive  a  proportion- 
ately greater  compensation ;  yet  laws  in  some  states  prohibit  their 
working  beyond  the  specified  length  of  time,  and  they  are  com- 
pelled to  spend  the  remainder  of  the  time  in  idleness  and  pos- 
sibly in  undesirable  environments  which  might  have  a  tendency 
to  prevent  the  formation  of  habits  of  thrift  and  encourage  them 
to  become  dissolute  and  eventually  a  charge  upon  the  community. 
The  undue  emphasis  of  any  factor  which  discourages  initiative 
and  efficiency  on  the  part  of  the  individual  worker  is  bad  for 
society. 

Alvin  S.  Johnson 
The  industries  most  likely  to  be  found  paying  wages  too  low 
for  social  advantages  are  (1)  those  employing  chiefly  unskilled 
immigrant  labor;  (2)  those  employing  chiefly  women  and  girls. 
In  both  cases  there  is  no  definite  minimum  limit  to  the  wage  con- 
tract. Competition  between  employers  is  apt  to  take  the  form  of 
seeking  cheaper  labor.  The  needle  trades  furnish  examples; 
also,  laundries,  bakeries,  etc. 

Wilford  I.  King 
Strongly  organized  labor  gets  monopoly  rates  at  expense  of 
other  workers. 

D.  D.  Lescohier 

The  more  weak  or  ignorant  a  group  of  workers  is,  or  the  more 
the  supply  of  labor  in  every  industry  is  in  excess  of  the  demand 
for  labor,  the  greater  is  the  tendency  for  the  wage  rate  to  remain 
stagnant  and  to  fail  to  readjust  itself  to  changing  needs. 


494  Appendix  III 

Williwm  H.  Lough 

Certain  industries,  such  as  coal  mining  and  certain  phases  of 
clothing  manufacture,  have  from  the  nature  of  their  work  at- 
tracted groups  of  workers  of  exceptionalTy  low  efficiency.  In 
some  of  these  cases  I  am  inclined  to  think  that  employers  have 
shown  lack  of  intelligence  and  foresight  in  failing  to  use  modern 
methods  of  production  and  in  failing  to  provide  proper  incentives 
and  facilities  for  developing  the  efficiency  of  their  workers.  In 
industries  of  this  class  there  may  be  exceptional  conditions  that 
are  dangerous  to  the  whole  country  and  that  require  exceptional 
action. 

Alfred  E.  Ommen 
The  railroads  and  other  public  utilities  might  possibly  be  regu- 
lated by  legislation,  but  it  should  be  National  regulation  and  not 
State  regulation. 

Edward  D.  Page 
There  are,  doubtless,  industries  and  groups  of  workers  that  are 
an  exception  to  number  2.  They  are,  however,  those  wherein 
the  adjustment  of  the  worker  to  social  and  economic  conditions 
is  imperfect;  and  in  such  instances  there  is  a  constant  tendency 
to  a  better  adjustment.  I  may  add  that  there  are  no  absolutely 
perfect  adjustments  anywhere  in  nature  or  life;  they  are  all 
approximations.  Also,  that  adjustments  tend  to  become  imper- 
fect as  conditions  change. 

Maurice  Parmelee 
A  few  of  the  most  highly  organized  trades  may  seem  to  be 
exceptions.     However,  even  this  is  doubtful  for  these  trades,  to 
say  the  least,  tend  to  force  up  the  wages  in  other  trades  by  set- 
ting a  higher  standard. 

H.  K.  Thomas 
I  do  not  consider  that  any  industrial  workers  are  exceptions 
to  number  2. 

W.  II.  Thompson 
There  are  no  specially  favored  groups;  corporations  see  to  it 
that  all  are  exploited  in  about  the  same  manner. 


QUESTIONAIRE    ON    WaGE    PeOBLEM  495 

Question  No.  4 
If  you  believe  present  wages  in  general  or  for  any  particular 
groups  of  workers  are  inadequate,  how  can  they  be  raised? 

a.  By  governmental  action? 

b.  By  what  other  agency  and  how?' 

D.  B.  Armstrong 
I  believe  that  wages  can  be  raised  best  by  governmental  action. 

G.  L.  Amer. 
Governmental  action  can  do  something  but  the  real  solution 
is  in  the  hands  of  the  workers  themselves. 

Lloyd  V.  Ballard 
By  governmental  action. 

L.  Bamet. 
There  are,  no  doubt,  particular  groups  of  workers  whose  wages 
in  general  are  not  adequate.  The  best  method  for  raising  wages 
in  these  groups,  is,  in  part,  by  improved  training  during  school 
years,  and  vocational  training  after  work  has  begun.  Such  train- 
ing should  not  be  merely  on  rudimentary  subjects  and  of  a  voca- 
tional nature,  but  should  also  include  developing  of  character, 
which  would  emphasize  the  importance  of  application  and 
thoroughness. 

Gertrude  Barnum 

a.  Minimum  wage  law  with  minimum  to  be  decided  by  Mini- 

mum Wage  Boards,  (compulsory  clause). 

b.  Organization  in  trade  unions. 

c.  Organization  of  consumers. 

George  Gordon  Battle 
Wages  should  be  raised: 

a.  By  organization  among  the  workers,  and 

b.  By  greater  liberality  and  generosity  on  the  part  of  the  em- 

ployers which  will  come  chiefly  through  the  pressure  of 
public  opinion  as  enlightment  increases.  Governmental 
action  is  practicable,  but  it  must  be  exercised  with  great 
Cftre  and  after  careful  investigatiaHf 


496  Appendix  III 


Emma  B.  Beard 


By  governmental  action.  The  Consumers'  Leagues,  after  a 
careful  study  of  industrial  conditions  for  nearly  a  quarter  of  a 
century,  have  decided  that  minimum  wage  legislation  is  the  best 
means  for  assuring  to  the  workers  a  living  wage.  In  the  indus- 
tries where  this  is  most  needed  it  seems  the  only  way. 

Holmes  Beckwith 

Wages  cannot,  in  any  appreciable  degree,  be  raised  directly 
by  government  or  other  agency.  A  man  cannot  be  made  to  pay 
more  than  the  services  bought  are  worth.  They  can  be  raised  by 
increasing  the  mobility  of  labor,  as  by  free  public  emplo^-ment 
agencies  which  are  really  efficient,  and  state  and  national  agen- 
cies to  organize  these;  by  railroad  rates  which  stimulate  move- 
ment of  workers  in  response  to  demand,  etc.  More  important 
even  than  these  activities,  they  can  be  raised  on  a  large  scale  by 
widespread  and  practical  vocational  training  at  public  expense 
for  the  95  per  cent  of  our  workers  who  at  present  have  practically 
no  such  training  outside  of  their  places  of  work.  Such  training 
should  include  industrial,  commercial,  home  economics,  and  agri- 
cultural subjects.  (See  recommendations  in  my  report  on  Ger- 
man Industrial  Education,  published  by  the  Federal  Bureau  of 
Education.) 

Roy  G.  Blakey 
The  government  can  do  some  things,  other  agencies  some 
things:  the  test  in  each  case  as  to  whether  it  shall  be  the  govern- 
ment or  some  other  agency  is,  Which  will  achieve  the  best  re- 
sults? In  case  chances  seem  about  evenly  divided,  the  presump- 
tion should  be  against  government  action.  In  many  cases  co- 
operation between  voluntary  organizations  such  as  labor  unions 
and  governmental  agencies  is  more  effective  than  for  either  to  go 
it  alone.  For  example,  co-operation  is  desirable  in  unemploy- 
ment insurance  and  other  forms  of  workmen's  insurance ;  also,  in 
the  settlement  of  labor  disputes  and  in  the  promoting  of  harmony 
And  the  prevention  of  causes  of  serious  labor  difficulties  arising. 


Question  AIRE  on  Wage  Problem  497 

E.  W.  Bloomingdale 

I  believe  that  the  present  wage  for  some  classes  of  workers  is 
inadequate  and  that  they  can  be  raised  by  governmental  action, 
but  not  by  the  method  contemplated  in  the  questionnaire. 

If  the  government  is  to  act  in  the  matter,  its  effort  should  be 
in  the  direction  of  making  and  sending  out  into  the  world  of 
business  better  equipped  and  more  competent  workers,  so  that 
the  ascent  of  the  lower  rungs  of  the  industrial  ladder  will  be  both 
more  certain  and  more  rapid. 

Governmental  action  in  fixing  the  rates  of  wages  in  private 
employment  is,  in  my  opinion,  impracticable  unless  the  state  can 
first  succeed  in  fixing  a  standard  of  capability  and  efficiency. 

The  state  has  not  the  right  to  fix  upon  a  standard  of  living 
for  the  employe  and  then  require  the  employer  to  pay  from  his 
private  means  the  difference  between  the  money  value  to  him  of 
the  employe's  services  and  the  standard  so  fixed  upon. 

If  the  state  is  to  be  paternal,  let  it  assume  the  responsibilities 
of  parenthood  and  pay  the  deficiency  in  the  earning  power  of 
the  children  out  of  its  own  pocket,  which  means  that  if  the  needs 
of  the  individual  are  to  be  the  determining  factor  in  fixing  wages 
—  instead  of  the  value  of  services  rendered  —  then  let  the  people 
of  the  state,  if  they  want  such  a  law,  pay  to  the  lazy,  the  incom- 
petent and  the  sub-standard,  the  difference  between  what  they 
are  able  to  earn  and  the  amount  necessary  to  enable  them  to  live 
as  well  as  their  more  capable,  more  energetic  and  more  alert 
co-workers. 

Then  let  them  go  a  step  further  and  fix  a  standard  of  living 
for  lawyers,  doctors,  ministers,  college  professors  and  the  like, 
and  pass  laws  that  will  insure  all  of  these  a  sufficient  income  to 
maintain  the  standard.  The  State  of  New  York  today  has  hun- 
dreds of  employees,  from  the  Governor  down,  to  whom  it  is  pay- 
ing an  insufficient  wage  to  enable  them  to  live,  independently  of 
private  means,  in  the  manner  which  the  dignity  of  their  positions 
demand. 

Edward  M.  Brewer 

So  far  as  present  wages  in  general  or  for  any  particular  group 
of  workers  are  inadequate,  I  am  opposed  to  their  being  raised  by 
governmental  action.  I  firmly  believe  that  it>  is  \>es%  to  leave  all 


498  Appendix  III 

questions  as  to  wages  to  be  adjusted  by  the  workers  directly  with 
the  employers.  But  I  am  in  favor  of  the  appointment  of  boards 
of  officials  whose  duty  it  shall  be,  when  called  upon,  to  consider  all 
such  questions  and  with  the  approval  and  consent  of  both  employers 
and  workers  to  arbitrate  thereon. 

Edgar  D.  Brinkerhoff 
Wages  in  general  can  not  be  raised  by  governmental  action.  Any 
attempt  of  this  nature  is  sure  to  depress  wages.  All  the  depression 
of  wages  we  see  and  all  the  low  wages  we  have  seen  for  a  hundred 
years  are  due  to  governmental  attempts  to  regulate  business.  For 
wages  to  be  raised,  profits  must  be  of  a  larger  size.  For  profits  to 
be  larger,  business  must  be  better  organized,  and  industry  must  be 
made  more  efficient. 

J.  L.  Burritt 
Governmental  action  cannot  ultimately  increase  the  rate  of 
wages.  The  only  thing  that  can  finally  increase  the  rate  of  wages 
would  be  a  better  industrial  condition  particularly  as  applying  to 
the  profits  of  the  manufacturers.  With  better  profits  manufac- 
turers must  necessarily  pay  higher  wages  because  of  the  larger 
demands  of  competing  manufacturers  for  labor. 

Charles  L.  Chute 
Both  by  governmental  action  and  by  the  organization  and  co- 
operation of  the  employees. 

Victor  8.  ClarJc 
The  wage  level  can  be  raised  in  certain  groups  of  occupations  by 
governmental  action. 

Miles  M.  Dawson 

I  do  not  think  wages  in  general  can  be  increased,  except  as  a 
result  of  organization  of  workmen.  The  lowest  wages  paid  in 
classes  of  industries  where,  for  the  reasons  already  given,  there  is 
a  tendency  of  the  lowest  wage  to  be  lower  than  the  lowest  rate  of 
wages  at  which  the  worker  can  live  independently,  can,  of  course, 
be  increased  by  governmental  action  fixing  a  minimum  wage.  I 
do  not  think  there  is  any  other  agency  which  can  meet  this  situ^- 


QUESTIONAIRE    ON    WaGE    PrOBLEISI  499 

tion.     Thorough  organization  of  workmen  who  are  in  so  helpless  a 
condition  is  impracticable. 

Elizabeth  Butcher 

a.  Yes;  through  the  establishments  of  minimum  wage  boards 

(a  form  of  collective  bargaining  as  assisted  by  the  State). 

b.  Through    voluntary    collective    bargaining    through    trade 

unions. 

George  Eastman 

a.  No. 

b.  Increasing  individual  efficiency  by  education  and  the  di- 

version of  surplus  labor  to  other  channels. 

Sarah  Elhus 
I  believe  the  wages  for  girls  working  in  the  department  stores 
are  at  present  inadequate,  but  don't  think  that  they  can  be  raised, 
by  governmental  action.     I  think  they  can  only  be  raised  by  the 
employer  being  willing  to  make  less  profits. 

Joseph  Frey 

a.  Minimum  wage  laws  and  industrial  education. 

b.  Labor  organization  and  cooperative  enterprises. 

C.  E.  Gardiner 

We  do  not  think  that  present  wages  generally  are  inadequate  in 
the  sense  covered  by  the  determining  factors  included  in  group  1, 
(needs  and  standard  of  life)  as  they  are  today.  The  standard  of 
life  varies  in  diiferent  trades  and  localities,  but  is  in  no  case  as 
high  as  could  be  wished;  moreover,  no  standard  that  is  not  pro- 
gressive is  to  be  regarded  as  satisfactory.  For  some  groups  of 
workers  the  present  standard  falls  below  any  admissible  level  of 
independent  life,  and  in  these  cases  governmental  action  may  be 
practical  and  desirable,  but  speaking  generally  governmental  in- 
terference as  to  wages  would  be  undesirable.  Trade  unions  are 
the  agencies  to  which  we  should  look  for  improvement;  and  even 
in  the  case  of  the  weakest  groups,  outside  action  should  lead  to 
their  own  organization  for  self  defense. 

We  would  explain  that  we  regard  a  change  in  trade  union 
policy  necessary  if  the  unions  are  to  exercise  the  influence  we  look 


500  Appektdix  III 

for  from  them.  In  our  view  the  jealousy  shown  of  employers' 
profits  has  been  unreasonable  and  their  impatience  of  high  wages 
paid  for  special  services  unwise.  Where  else,  we  would  ask,  can  be 
found  the  sources  of  better  wages  ?  Fruit  must  ripen  before  it  is 
gathered.  The  incompetent  employer,  who  fails  to  make  profit, 
and  the  unadaptable  workman,  whose  services  are  of  little  value, 
alike  block  the  way.  Wages  are  not  paid  out  of  capital,  except  on 
the  road  to  bankruptcy,  nor  in  excess  of  value  received,  if  the  em- 
ployer knows  his  business.  In  so  far  as  incompetence  on  both  sides 
can  be  eliminated,  the  chances  of  trade  unions  would  be  improved 
and  the  benefit  for  labor  would  be  progressive.  Under  pressure 
of  competition  the  employers  would  do  more  for  what  they  got; 
trade  unions  could  do  much  to  make  and  keep  competition  free. 
All  surplus  advantage  would  pass  to  the  public. 

W.  A.  Garrigues 

We  have  not  a  sufficiently  accurate  knowledge  of  wages  paid 
and  service  rendered  in  other  occupations  than  those  named  to 
express  an  opinion  as  to  the  adequacy  of  such  wages.  Govern- 
mental action,  however,  on  this  point  would  be  generally  injuri- 
ous. Business  is  at  present  suffering  from  too  much  legislation 
and  if  our  answer  to  your  first  question  is  correct,  it  follows  that 
the  success  of  the  worker  is  dependent  upon  the  success  of  the 
employer. 

F.  H.  Gilson 

a.  Governmental  action  no  doubt,  can  help. 

b.  The  raising  of  the  standard  of  the  employer  that  he  should 

feel  it  his  duty  that  no  person  who  works  for  him  shall  go 
without  a  proper  recompense,  and  the  raising  of  the  stand- 
ard of  the  bargain  hunter  that  they  will  not  seek  to  secure 
at  the  bargain  counter,  goods  for  which  they  do  not  render 
a  just  recompense,  and  for  which  a  just  price  has  not 
been  paid  to  the  producer. 

We  practice  what  we  preach,  l^o  journe^nnan  girl  in  our 
bindery  receives  less  than  $9  a  week  when  she  has  a  full  week,  or 
if  she  works  piece  work,  her  piece  price  is  made  so  that  an  average 
girl  on  the  lowest  paid  operations  can  average  $9  per  week.  As 
tp  its  effect  on  our  business,  we  find  it  a  hard  position  to  maintain. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  501 

It  increases  our  costs  over  shops  which  hire  for  as  little  as  they 
can  possibly  pay. 

Bolton  Hall 
Present  wages  in  general  can  be  raised  by  opening  the  idle 
lands  to  the  idle  hands. 

W.  R.  Heath 

a.  By  governmental  action. 

b.  The  fixing  of  wages  should  be  considered  by  the  government 

only  as  a  last  resort.  The  government  should  lend  its  in- 
fluence to  encouraging  proper  labor  conditions  and  the_ 
proper  payment  of  wages,  and  should  show  the  utter 
dependence  of  the  employer  upon  the  employee,  and  of  the 
employee  upon  the  employer.  It  should  show  them  that 
the  very  best  interests  for  both  are  in  friendship  and  not 
in  enmity.  And  in  all  legislative  action  there  should  be 
left  ample  opportunity  for  employers  and  employees  to  ad- 
just their  own  differences  without  governmental  inter- 
ference. 

Leo  Hirschfeld 

a.  Positively  no. 

b.  Application  of  worker  to  the  work  and  his  efficiency. 

Mary  Alden  HopJcins 
a.  Yes. 

Howard  C.  Hopson 

a.  I  do  not  believe  that  the  government  should  undertake  to 

formally  regulate  this  matter  in  view  of  the  inefficiency 
in  the  service  which  it  is  now  trying  to  perform. 

b.  I   believe   that   the   encouragement    of   profit   sharing   and 

bonuses  in  certain  industries,  the  substitution  of  labor 
saving  devices  in  others  which  are  now  unprofitable,  mak- 
ing it  possible  to  pay  higher  wages  to  those  who  remain 
in  the  industry,  and  the  diversion  of  those  who  do  not 
to  other  industries  which  can  pay  better  wages,  and  other 
matters  of  that  kind  will  be  most  helpful. 

F.  Lincoln  Hutcliins. 
If  my  conception  be  true,  the  only  logical  program  is  to  legis- 
late out  of  existence  all  the  unfortunate  conditions  which  deny  the 
worker  free  access  to  the  means  of  production. 


502  Appendix  III 

Belle  Lindner  Israels 

a.  By  governmental  action. 

b.  Workers'  and  employers'  organizations. 

W.  T.  JacJcman 

a.  By  governmental  action. 

b.  To  some  extent  through  the  trade  unions. 

Wilford  I.  King 

a.  By  limiting  immigration  and  raising  standard  of  living. 

b.  By  eugenic  action. 

Alvin  S.  Johnson 

a.  For  particular  groups,  wages  could  and  should  be  raised  by 
governmental  action. 

E.  M.  Keator 

a.  Government  action  is  most  undesirable. 

b.  By  profit  sharing  bonuses  given  by  the  manufacturer  or 

merchant  for  increased  production  of  superior  work. 
This  can  only  be  brought  about  by  decreasing  costs  of 
material  to  the  manufacturer,  and  a  lessening  of  his  ex- 
pense account.  It  certainly  cannot  be  brought  about  by 
making  him  spend  his  profits  in  useless  fire  prevention 
equipment  and  prohibitive  insurance  rates  on  Workmen's 
Compensation  Insurance. 

R.  C.  Kemmerer 

a.  By  agencies  to  keep  workers  informed  of  where  work  can  be 

found. 

b.  By  improving  our  school  systems,  and  making  the  schools 

dovetail  more  with  industries. 

George  J.  Kraft 
I  believe  the  question  of  wages  should  be  left  to  the  employer 
and  the  employee. 

a.  Governmental  interference  tends  to  drive  industries  to 
neighboring  states  where  there  is  not  so  much  and  such 
costly  (to  manufacture)  "  governmental  action  " ;  if  per- 
sisted  in   "  action "   of  this  character  will  undoubtedly 


QUESTIONAIRE   ON   WagE    ProBLEM  503 

drive  many  of  us  out  of  business  entirely  and  throw  thou- 
sands out  of  employment,  while  only  a  few  will  be  bene- 
fited, 
b.  Relieve  the  manufacturer  of  the  frequent  and  inquisitorial 
visits  of  inspectors;  modify  the  many  requirements  and 
restrictions,  many  of  them  of  no  benefit  except  to  build- 
ing contractors  and  some  of  them  absolutely  useless ;  give 
the  inspectors  some  discretion  as  to  the  necessity  of  en- 
forcing the  exact  letter  of  the  law  and  don't  compel  arbi- 
trary compliance  with  regiilations  which  do  not  apply  to 
certain  conditions ;  relieve  us  of  the  expense  and  worry  of 
these  things  that  we  may  devote  more  of  our  time  to  the 
development  of  our  business,  earn  more  money  and  so 
be  able  to  pay  more  wages  and  engage  more  help. 

H.  P.  Lansdale 

To  my  mind,  this  must  be  regulated  very  largely  by  public 
opinion.  I  have  great  faith  in  the  men  who  are  conducting  busi- 
ness, and  I  believe  that  if  the  matter  is  properly  agitated,  they 
will  correct  the  abuses  of  the  business.  Through  public  schools, 
colleges  and  through  some  public  form  of  education,  public  opinion 
would  be  revised  to  such  an  extent  that  the  employers  will  do  their 
full  duty.  I  am  more  favorable  to  this  than  I  am  toward  public 
action  —  although  I  am  convinced  that  we  need  a  commission  at 
this  junction  with  full  powers  to  regulate  present  conditions.  This 
should  be  done  by  the  National  government  and  not  by  any  one 
state,  as  legislation  within  one  state  puts  it  at  a  disadvantage  with 
another  state. 

D.  D.  Lescohier 

A  general  and  widespread  knowledge  of  the  changes  which  take 
place  in  prices  and  living  costs  on  the  one  hand,  and  of  wage  move- 
ments on  the  other  would  tend  to  cause  wages  to  readjust  them- 
selves more  rapidly.  There  is  less  known  in  this  country  about 
the  relation  and  the  changes  in  the  relation  between  wages  and 
prices  than  almost  any  other  economic  question.  I  refer  here  to 
general  popular  knowledge.  If  the  workers  knew  exactly  and 
definitely  what  changes  were  taking  place  in  prices  and  how  those 
changes  were  affecting  their  family  budget  they  would  find  means 
of  expressing  more  effectively  demands  for  wage  increases  when 
they  were  necessary,  while  employers  on  the  other  hand  would 


604  Appendix  111 

respond  more  readily  to  these  legitimate  claims  if  they  had  clear 
knowledge  of  the  situation.  In  the  second  place,  governmental 
action  will  become  necessary  for  regulating  minimum  standards  in 
order  to  prevent  such  employers  as  tend  to  undercut  the  going 
rates  of  wages  from  doing  so  and  to  establish  a  decent  minimum 
standard  of  wages  to  which  all  employers  will  have  to  conform 
and  which  will  tend  to  equalize  labor  costs  between  competing 
employers. 

Burdette  G.  Lewis 
I  am  in  favor  of  handling  the  wage  problem  the  way  the  state 
of  Wisconsin  handles  the  matter  —  by  appointing  a  commission. 
After  we  know  what  conditions  are  we  will  at  least  be  in  a  position 
to  legislate  intelligently  with  reference  to  a  minimum  wage.  I 
am  opposed  to  a  minimum  wage  at  present ;  I  would  regard  it  as 
tantamount  to  the  wage  legislation  of  England  which  was  a  curse 
to  the  country  as  long  as  it  was  in  force.  Until  this  country  can 
handle  the  problem  of  unemployment  fairly,  there  can  be  no  real 
effective  handling  of  the  minimum  wage  question.  If  unemploy- 
ment is  out  of  the  way,  there  is  the  problem  of  the  inefficient  man ; 
unless  a  place  can  be  found  for  him  he  will  be  a  burden  on  the 
community. 

William  H.  Lough 
I  have  indicated  (in  answer  to  question  2  above)  the  only  two 
factors  which  in  the  long  run,  in  my  judgment,  can  raise  the 
general  average  of  wages.     It  may,  however,  be  desirable  to  estab- 
lish a  minimum  wage  for  reasons  which  are  discussed  below. 

Benjamin  C.  Marsh 
Mr.  Clarence  Darrow,  the  labor  attorney,  answers  this  question, 
as  follows: 

"  Private  ownership  of  land  means  increasing  wealth  for 
the  few  and  increasing  poverty  for  the  masses.  Workingmen 
take  no  account  of  fundamentals,  any  more  than  other  folks. 
Millions  of  workingmen  have  organized  themselves  into 
unions  to  attempt  the  well-nigh  impossible  task  of  controlling 
the  labor  market  instead  of  doing  the  fundamental  thing, 
namely,  changing  conditions  under  which  they  live.     If  a 


QUESTIONAIRE    ON    WaGE    PrOBLEM  505 

small  fraction  of  the  millions  that  have  been  spent  on  labor 
unions  had  been  spent  on  fundamentals  there  would  be  no 
need  of  labor  unions  today. 

"  When  we  learn  that  the  land  belongs  to  all  of  us  and  to 
each  only  so  much  as  he  can  use,  then  we  will  be  free  men  — 
no  need  for  labor  unions  then;  no  need  to  legislate  to  keep 
men  and  women  from  working  themselves  to  death ;  no  need 
to  legislate  against  the  white  slave  traffic.  When  it  pays  to 
behave,  men  will  behave.  They'll  do  it  because  they  want  to. 
There  will  be  no  class  distrinctions  at  that  time,  no  awful 
poverty  and  no  awful  wealth." 

Before  we  can  eliminate  the  extortions  of  privileged  classes, 
which  necessitate  higher  nominal  wages,  four  things  must  be 
done: 

Taking  for  public  use  most  of  the  ground  rent,  both  urban  and 
rural,  thereby  enabling  us  to  abolish  nearly  all  fonns  of  taxation, 
except  possibly  the  income  and  the  inheritance  tax  above  a  fairly 
high  minimum;  bona  fide  government  ownership  of  all  natural 
monopolies  and  of  means  of  communication ;  regulation  of  prices, 
and  naturally,  therefore,  of  profits ;  the  repudiation  of  public  and 
industrial  debts. 

Private  agencies  have  no  business  to  interfere  with  the  opera- 
tion of  economic  laws,  since  such  interference  as  practiced  by  the 
private  charities  merely  retards  the  enactment  of  legislation  or 
the  repeal  of  existing  legislation  to  secure  just  economic  conditions. 
The  establishment  of  homes  for  working  girls  where  they  may  re- 
ceive board  and  lodging  at  less  than  current  rates  is  merely  an 
insidious  method  of  "  rates  in  aid  of  wages."  This  was  tried  in 
England.  Of  course,  it  was  shown  to  be  a  failure,  as  it  always  is 
and  must  be. 

David  A.  McCahe 

Wages  can  be  considerably  raised  for  groups  of  workers  in  many 
cases  by  the  adoption  of  uniformly  enforced  standards,  and  this 
can  be  brought  about  by  action  of  a  government  commission. 

George  A.  McKinlock 
Wages  in  general  can  be  raised  and  equalized  by  the  education 
of  public  opinion.     I  believe  that  governmental  action  backed  by 


506  Appendix  III 

public  opinion  may  be  necessary  to  bring  many  of  the  employers 
of  labor  to  a  proper  realization  and  sense  of  their  responsibility  to 
their  employees. 

G.  T.  McWhirter 

If  the  foreigner  is  eliminated,  wages  in  general,  as  determined 
by  the  factors  which  have  been  suggested  to  you,  tend  generally 
to  equal  what  is  desirable  and  practicable  from  the  point  of  view  of 
American  society  as  a  whole. 

Wages  for  the  American  workmen,  in  some  lines,  become  in- 
adequate because  of  the  competition  of  foreigners.  Economists 
have  said  that  the  American  laborer  is  the  poorest  paid  of  all 
laborers  —  considering  the  quality  and  the  amount  of  work  per- 
formed. Then  why  encourage  this  cheap  labor.  Competition  may 
be  the  life  of  trade,  but  immigration  into  this  country  is  the  death 
of  better  American  society  —  except  for  the  few  —  and  the  down- 
fall of  the  American  laboring  class.  Stop  the  immigration  into 
the  United  States  and  no  excuse  can  be  given  for  the  large  number 
of  idlers  we  have.  Then  we  will  not  need  a  minimum  wage  law, 
for  every  person  will  be  paid  what  he  or  she  is  worth  or  more. 
For  the  good  of  the  whole  society,  and  not  a  part  of  the  society, 
New  York  State  has  too  large  a  population.  Drive  out  the 
foreigner  and  you  will  not  need  a  minimum  wage  scale.  Your 
dense  population  may  bring  immense  wealth  for  a  few,  but  it  is  not 
doing  your  laborer  any  good.  Your  American  men  and  women, 
that  work,  are  starving  their  stomachs  because  of  too  much  compe- 
tition. The  government  thinks  too  much  about  protecting  the 
American  factories  against  foreign  competition  and  not  enough 
about  protecting  the  American  working  class  against  foreign 
competition. 

Henry  T.  Noyes 

For  our  industry  we  believe  that  the  present  wages  are  in  general 
fairly  well  balanced,  for  the  individual  and  for  particular  groups 
of  workers. 

Almus  Olver 
a.  By  governmental  action. 


QUESTIONAIEE    ON    WaGE    PrOBLEM  507 

Alfred  E.  Ommen 
In  the  printing  industry,  wages  are  too  high  in  the  city  of  ISTew 
York  in  comparison  with  other  cities,  such  as  Philadelphia, 
Chicago  and  Boston,  and  also  in  proportion  to  the  rents  and  the 
cost  of  living.  Governmental  action  cannot  for  any  great  length 
of  time  raise  wages. 

Edward  D.  Page 

Any  agency  that  presents  opportunities  of  employment  suitable 
to  the  capacity  of  the  worker  in  fields  more  profitable  for  him  than 
those  in  which  he  is  engaged  is  a  suitable  agency.  What  is  needed 
is  the  completest  publicity  of  opportunity  that  is  practicable. 

Governmental  action  may  be  serviceable  in  promoting  publicity 
of  opportunity;  the  adjustment,  however,  should  be  left  to  the 
groups  or  individuals  most  concerned.  The  governmental  fixing 
of  wages  or  prices  has  always  been  unintelligent;  governmental 
organization  is  incompetent  to  hold  balances  between  interests 
that  are  always  changing.  Besides,  the  interest  of  the  govern- 
ment is  its  own  welfare  or  the  welfare  of  individuals  who  com- 
pose it,  and  not  the  welfare  of  the  groups  whose  relations  are  to  be 
adjusted.  Its  action  is  slow,  inflexible  and  uncertain;  it  yields 
to  the  clamor  of  the  loudest  mouthed  and  tends  to  effect  injustices 
instead  of  equitable  arrangements.  Along  the  lines  of  investi- 
gation and  publicity,  however,  a  governmental  agency  may  accom- 
plish good  results  and  powerfully  affect  both  the  psychological  and 
social  conditions;  and  through  them,  in  a  measure,  the  economic 
conditions.  By  the  interaction  of  all  these  conditions  the  rate  of 
wages  is  ultimately  fixed. 

Maurice  Parmelee 

The  organization  of  workers  is  doing  much  to  raise  wages. 
Public  sentiment  outside  of  the  working  class  is  also  having  some 
influence. 

Raymond  V.  Phelan 
By  government  action  plus  education  and  unionization. 
Unionization  is  practically  necessary  to  the  fullest  success  of 
government  action.     In  Minnesota,  women  workers  usually  will 


508  Appendix  III 

not  sit  on  wage  boards  and  when  they  do  act  they  cannot  be  the 
best  representatives  of  labor,  as  they  do  not  feel  free  without  a 
union  at  their  backs.  In  the  absence  of  unionization,  further- 
more, the  government  must  depend  to  a  great  extent  upon  detective 
work  to  secure  convictions  for  violation  of  a  minimum  wage  law. 

L.  G.  Powers 
Wages  have  not  yet  risen  to  the  level  of  modern  production. 
Hence  they  are  theoretically  and  practically  too  low  and  must  be 
raised.  They  may  be  influenced  to  a  slight  extent  by  govern- 
mental action,  by  the  passage  of  minimum  wage  laws  and  other 
laws,  by  the  action  of  labor  unions,  and  by  the  competitive  struggle 
of  employers,  and  by  a  rising  general  intelligence. 

Charles  Rolilfs 

Before  inaugurating  a  leveling  process,  why  not  consider  a 
means  to  bringing  about  greater  efficiency.  Then  a  demand  for 
higher  pay  would  be  justified.    iSTow,  then,  to  suggest  a  remedy. 

Our  children  must  be  kept  at  school  longer  —  say  until  they 
are  at  least  sixteen  years  old.  Here  the  State  might  justly  be 
called  upon  to  help  poor  parents  keep  their  children  in  school. 

While  at  school  they  must  be  taught  at  least  the  rudiments  of 
really  useful  work,  for  which  an  employer  will  pay,  not  a  mini- 
mum but  a  maximum  wage.  They  should  and  will  be  paid,  not  in 
proportion  to  their  imagined  needs,  but  for  what  they  can  deliver 
in  the  way  of  work,  for  a  man's  estimate  of  his  own  value  is  not 
always  just. 

The  school  having  taught  them  rudimentally,  the  employer  can 
quickly  teach  them  specific  kinds  of  work.  This  kind  of  result 
would  give  us  intelligent  and  resourceful  workers  who  would 
not  stand  for  a  minimum  wage,  but  would  organize  and  get  the 
limit,  while  the  establishment  of  a  minimum  wage  would,  in  the 
long  run,  eliminate  thousands  who  are  above  or  below  a  fixed 
capacity.  What  is  to  become  of  them  ?  Will  the  State  in  addition 
to  fixing  a  minimum  wage,  also  take  means  to  care  for  the  thou- 
sands whom  a  minimum  wage  will  throw  out  of  work,  the  very 
young  and  the  old,  and  those  who  have  grown  old  enough  to  need 
more,  but  who  are  laid  off  because  more  minimums  can  be  had 


QUESTIONAIRE    ON    WaGE    ProBLEM  509 

for  the  asking  ?  You  can  no  more  insist  on  a  minimum  wage  than 
you  can  insist  that  employment  shall  be  given. 

The  truth  is  that  the  masses,  as  we  have  them  with  us  now,  are 
unable  to  earn  more  because  they  are  unfit  to  earn  more.  Make 
them  fit  first.  Our  schools  can  be  made  to  so  train  our  children 
that,  up  to  their  capacity,  they  be  first  prepared  to  enter  the 
ranks  of  workers. 

It  can  be  shown  that  the  lack  of  training  for  useful  work  in 
the  schools  is  accountable  for  much  of  the  general  shiftlessness, 
evidenced  in  an  incapacity  to  earn  wages  at  anything  but  a  low 
order  of  work. 

Realize,  if  you  please,  why  we  are  where  we  are.  For  fifty 
years  we  have  been  deluding  ourselves  with  the  idea  that  our 
public  schools  were  fitting  us  for  our  life's  work,  making  useful 
men  and  women  of  us.  Well,  if  they  have  done  so,  where  are  the 
men  and  women  ?  They  are  not,  or  why  the  minimum  wage  ques- 
tion ?    We  are  simply  reaping  the  whirlwind. 

E.  M.  Sergeant 

I  do  not  believe  that  wages  can  be  successfully  controlled  by 
governmental  action.  Improvement  in  this  respect  can  in  my 
opinion  only  be  obtained  by  the  general  education  of  public 
sentiment. 

Harrison  B.  Smith 
My  answer  is,  by  fair  legislation.  I  have  not  made  a  study  of 
the  wage  question,  but  have  followed  the  discussion  with  great  in- 
terest. It  has  always  seemed  to  me  that  the  difficulty  has  been  the 
lack  of  every-day  honesty  in  our  legislative  bodies,  and  a  refine- 
ment of  honesty  in  our  investigating  commissions.  Legislation 
is  not  fair ;  it  leans  to  one  side  or  the  other ;  it  does  not  go  to  the 
essential  facts  but  discusses  details.  In  one  piece  of  legislation 
an  unfair  and  dishonest  sop  will  be  thrown  to  labor,  and  another 
piece  of  legislation,  passed  by  the  same  body,  an  unfair  and  dis- 
honest slice  will  be  handed  to  the  employer.  There  is  too  much 
refinement  of  discussion,  without  attention  to  what  it  fair  and 
right  and  honest  from  the  standpoint  of  dealings  between  man  and 
man. 


510  Appendix  III 

Q.  F.  Steele 

I  do  not  believe  generally  in  interference  by  governmental  ac- 
tion with  the  wages  of  workers,  except  as  stated  above  in  answer  to 
question  2.  If  we  do  not  look  out  we  are  likely  to  put  ourselves 
into  a  position  where  we  cannot  compete  with  other  nations,  by 
unduly  raising  wages  to  the  point  where  the  manufacturer  will  be 
handicapped. 

Boheri  B.  Taylor 

I  believe  the  government  could  help  very  greatly  by  a  campaign 
of  publicity.  It  would  investigate  existing  conditions,  in  an  im- 
portant way,  put  these  conditions  before  the  public,  naming  per- 
sons and  places  where  unfair  and  unjust  conditions  exist,  and  en- 
courage the  employers  to  better  conditions.  I  do  not  believe  a 
minimten  wage  at  this  time  desirable.  The  country  is  so  large 
and  conditions  of  living  so  different  that  it  would  be  difficult  to  set 
a  wage  which  would  be  equitable  to  all  laborers  or  to  all  employ- 
ers. For  example,  conditions  of  living  are  easier  in  the  South 
than  in  the  North,  due  to  a  milder  climate  and  abundant  moisture, 
making  it  possible  to  grow  fruits  and  vegetables  the  entire  year;  a 
less  expensively  built  house  making  the  invested  capital  less ;  and 
a  less  severe  climate  requiring  less  fuel. 

A  minimum  wage  scale  for  the  South  could  not  be  a  fair  mini- 
mum wage  scale  for  the  North.  At  the  same  time,  if  a  lower 
minimum  scale  is  established  for  the  South  it  would  place  manu- 
factures in  the  South  at  an  advantage  over  those  in  other  sections 
on  account  of  lower  labor  cost. 

H.  K.  Thomas 
The  present  wages  in  general  are  adequate.     They  could  not  in 
general  be  raised  unless  the  workers'  standard  of  efficienc}-  were 
by  some  means  improved. 

W.  H.  Thompson 

The  state  could  give  much  greater  recognition  to  the  labor 

unions,  for  one  remedy;  it  could  shorten  the  hours  of  labor;  it 

could  furnish  those  out  of  employment  work  to  tide  them  over 

until  business  conditions  warranted  withdrawal  of  such  employ- 


QUESTIONAIEE    ON    WaGE    PkOBLEM  511 

inent;  it  could  prevent  all  prison  labor  done  from  coming  into 
competition  to  outside  competitive  work ;  it  could  increase  the  tax 
on  large  incomes ;  also  the  tax  on  the  rich  at  time  of  death. 

A.  C.  Vandiver 
The  present  inadequate  wages  can  be  raised: 

a.  By  governmental  action  establishing  a  minimum  wage. 

b.  By  the  concerted  voluntary  action  of  employers. 

0.  J.  Weehs 

a.  Government  action  in  regards  to  compensation  paid  to  em- 

ployees would  not  be  welcomed  by  the  average  business 
man. 

b.  A  fair  employer  watches  his  help,  and  wherever  his  profits 

will  allow  and  the  employee  is  entitled  to  it,  advances 
their  wages. 

Ansley  Wilcox 

a.  I  do  not  believe  that  wages  should  or  can  be  raised  by  gov- 

ernment action. 

b.  I  do  believe  that  they  can  be  gradually  raised  by  organiza- 

tions of  employees  and  by  organizations  of  employers ;  by 
the  cultivation  of  profit  sharing,  which  in  my  judgment 
is  by  far  the  most  hopeful  means  of  solving  our  present 
labor  troubles;  by  education  improving  the  efficiency  of 
the  workers;  and,  in  general,  by  moral  suasion  and  en- 
lightened public  sentiment. 

Momay  Williams 
The  tendency  of  the  organization  of  workers  co-operating  with 
organizations  of  employers  will  eventually,  I  believe,  be  to  bring 
about  a  better  state  of  affairs.  The  experience  of  the  garment 
workers,  in  the  so-called  protocol,  indicates  a  line  of  development 
that  might  wisely  be  extended  to  a  number  of  other  trades,  and 
in  this  I  see  a  hope  for  a  successful  answer  to  the  question.  By 
the  union  of  voluntary  efforts  and  the  proof  through  it  of  the  pos- 
sibility of  employers  and  employed  coming  together  to  fix  proper 
conditions  of  employment  and  eventually  proper  scales  of  wages, 
a  basis  may  be  formed  for  future  legislation,  and,  possibly,  gov- 
ernment action ;  but  the  time  has  not  yet  come  when  government 
action,  in  the  sense  of  control,  can  be  introduced  successfully. 


512  Appendix  III 

Question  No.  5 

If  governmental  action  is  desirable,  is  the  best  form  the  estab- 
lishment of  a  minimum  wage  (the  amount  to  be  determined  for 
different  industries,  after  investigation  by  some  administrative 
body)  ?  If  not,  what  other  governmental  action  is  available  and 
how  can  it  be  secured  ? 

A  full  statement  of  your  reasons  for  or  against  the  establishment, 
of  a  minimum  wage,  as  indicated,  would  he  greatly  appreciated. 

D.  B.  Armstrong 
The  minimum  wage  has  proved  to  be  a  reasonably  effective 
method.  It  must  be  remembered,  however,  that  the  minimum 
wage  is  only  one  of  a  number  of  minimums  and  maximums  very 
popular  with  the  pseudo  reformer  of  to-day.  All  of  them  are 
purely  palliative  surface  salves  and  simply  postpone,  perhaps  for 
only  a  fjhort  time,  the  necessity  for  meeting  the  problem  of  a 
radical  reorganization  which  will  undoubtedly  greatly  modify  the 
wage  system  and  which  will  probably  follow  the  suggestions  of 
William  James  and  H.  G.  Wells,  regarding  a  reasonable  alterna- 
tion of  labor,  a  universal  conscript  labor  army,  the  socialization  of 
industry  as  far  as  control  is  concerned,  and  the  placing  of  the  work 
of  the  world  on  a  basis  of  service  to  the  State  rather  than  that  of 
financial  gain  to  the  few. 

G.  L.  Amer 
The  minimum  wage  as  suggested  is  well  worth  a  trial  although 
it  will  not  accomplish  all  that  its  most  enthusiastic  advocates 
believe. 

Seldon  Bacon 

My  fundamental  objection  to  a  minimum  wage  law  is  two-fold : 
In  the  first  place,  it  will  in  many  cases  be  inefficient ;  and  second, 
that  if  made  efficient  it  will,  in  many  cases,  deprive  persons  in 
need  of  work,  who  can  not  do  efficient  work,  of  the  opportunity 
of  doing  the  little  work  they  can.  What  I  believe  in  is  a  fair  wage 
for  a  fair  piece  of  work ;  not  a  minimum  wage  for  a  work  that  is 
not  up  to  the  minimum  standard.  I^or  do  I  believe  that  the 
minimum  wage  is  such  a  panacea  as  many  people  believe.  A  most 
admirable  criticism  of  that  idea  appeared  some  time  ago  in  Life 


Question  AIRE  on  Wage  Problem  513 

in  a  cartoon  representing  a  shop  girl  answering  the  question 
whether  she  read  her  Bible  by  saying  that  she  did  not  have  to, 
she  had  a  minimum  wage  of  $8.Y0  a  week.  If  a  minimum  wage 
law  is  to  be  established  it  should  be  based  not  on  an  arbitrary 
figure,  but  on  a  minimum  efficiency,  and  the  fundamental  diffi- 
culty of  drafting  a  minimum  wage  law  is  to  find  a  standard  of 
efficiency  equal  to  the  minimum  wage.  I  do  not  approve  the 
establishment  of  a  minimum  wage  by  governmental  action,  be-- 
cause  of  the  practical  impossibility  of  governmental  action  also 
fixing  an  efficiency  corresponding  to  the  minimum  wage.  More- 
over, the  establishment  of  a  minimum  wage  would,  in  my  judg- 
ment, tend  rather  to  lower  wages  to  that  minimum,  unless  the 
minimum  was  set  so  low  that  it  would  have  no  beneficial  eft'ect. 

I  think  the  real  difficulty  comes  near  being  summed  up  in  the 
difficulty  of  fixing  a  corresponding  rate  of  efficiency  for  the  mini- 
mum wage ;  and  the  necessarily  fluctuating  character  of  that  corres- 
ponding efficiency  worked  out  into  marketable  product.  What 
would  be  a  fair  wage  corresponding  to  a  particular  efficiency  in 
the  production  of  products  under  some  conditions  of  the  market 
for  the  sale  of  such  products  would  be  a  perfectly  improper  figure 
under  other  conditions.  I  am  not  speaking  of  mere  temporary 
fluctuations,  but  of  the  large  and  permanent  fluctuations  that 
necessarily  obtain.  As  a  rule,  the  interference  by  legislation  wilh 
such  problems,  as  far  as  I  have  been  able  to-  study  the  history  of 
such  efforts,  works  badly  rather  than  well.  The  troul^le  with 
natural  laws  in  such  cases  is  that  they  do  not  respond  quickly 
enough  to  change  of  conditions.  The  difficulty  with  statutory  peo- 
visions  of  that  character  is  that  they  are  even  less  sensitive. 

Lloyd  v.  Ballard 
Tn  my  opinion,  we  must  begin  farther  back  if  we  are  to  sol\e 
permanently  the  wages  problem.  We  must  get  at  the  sources  of 
our  inefficient  labor  supply.  This  means  that  there  must  be  de- 
vised some  means  of  restricting  the  spawning  of  inefficient  workers. 
A  very  cursory  examination  of  the  increases  in  our  population 
shows  that  the  families  that  are  most  prolific  are  the  ones  least 
able  to  support  those  large  families ;  or  at  least,  they  are  the  least 
able  of  placing  their  children  out  of  the  low  wage  class  of  which 
Vol.  1  —  17 


514  Appendix  III 

they  are  members,  into  the  higher  wage  classes  by  means  of  edu- 
cation and  training.  The  common  sense  method  is  to  proceed 
against  this  evil,  and  not  against  the  employer  who  pays  low  wages 
because  so  many  of  the  population  make  no  effect  to  restrain  the 
reproductive  impulse. 

It  can  be  shown  that  this  procedure  would  not  be  chimerical. 
The  government  could  as  easily  determine  the  wage  that  would 
support  the  average  family  (say  of  three  children)  as  it  could 
determine  a  minimum  wage.  Then  it  could  also  say  that  only 
those  individuals  who  were  able  to  show  that  they  were  capable 
of  earning  that  wage  could  marry.  This  could  be  done  on  the 
same  principle  as  a  eugenics  law,  and  with  no  more  opposition 
than  such  a  law  usually  incurs.  Such  a  law  would  violate  no 
inherent  human  right,  and  could  be  applied  to  the  immigrant  as 
well  as  to  natives.  Under  such  a  law,  only  immigrants  would  be 
admitted  to  the  country  as  could  give  evidence  that  they  could  earn 
the  efficiency  wage. 

It  is  true  that  for  a  time  the  government  would  have  to  care  for 
such  as  could  not  meet  the  requirements,  perhaps,  but  such  a  law 
would  not  prevent  men  from  working  but  only  from  marrying 
when  they  would  not  be  able  to  produce  efficient  offspring,  either 
physically,  or  as  far  as  furnishing  them  the  benefits  of  an  educa- 
tion and  training.  If  the  state  should  be  forced  to  care  for  num- 
bers of  such,  it  could*  do  so  by  taxing  swollen  fortunes  either  by  an 
income  or  an  inheritance  tax  or  both. 

L.  Bamet 
General  governmental  action  is  not  desirable. 

Gertrude  Bamum 
Yes. 

George  Gordon  Battle 

I  am  in  favor  of  the  establishment  of  a  minimum  wage,  the 
amount  to  be  determined  for  different  industries  after  investiga- 
tion by  an  administrative  body.  So  far  as  skilled  and  organized 
labor  is  concerned,  the  wages  at  present  paid  are  fairly  adequate, 
and  are  certainly  as  much  as  or  more  than  a  reasonable  minimmn 
wage.  But  for  unskilled  and  unorganized  labor,  the  wages  paid 
are  often  starvation  wages  and  below  the  reasonable  minimum. 


Question AiEE  on  Wage  Problem  515 

Emma  B.  Beard 
Yes.    The  establishment  of  a  minimiim  wage  in  this  way  would 
permit  careful  consideration  of  the  industry,  the  standard  of  the 
workers  and  the  conditions  of  the  special  localities. 

Holm,es  Beckwith 
It  is  a  misunderstanding  of  the  purpose  and  real  effect  of  mini- 
mum wage  laws  to  think  that  they  will  to  any  appreciable  extent 
.raise  wages.  Their  true  purpose  and  real  effect  is,  I  believe,  to 
distinguish  and  separate  clearly  those  who  can  earn  the  minimum, 
and  those  who  cannot.  This  done,  the  real,  vital  problem  is  but 
fairly  met,  not  overcome.  That  problem  then  is.  What  shall  be 
done  with  those  who  cannot  earn  the  minimum  (presumably  about 
a  "  living  wage  ")  ?  The  inquiries  necessary,  and  the  enforcement 
of  the  minimum  wage  laws,  will  force  society  then  to  solve,  as 
best  it  may,  this  problem.  As  possible  solutions  are  vocational 
education,  farm  colonies  to  make  these  unfit  fit,  imprisonment  and 
forced  labor  for  those  wilfully  idle  and  inefficient. 

Harry  Best 

Wages  are  dependent  upon  a  great  number  of  things.  In  a 
state  like  New  York  and  especially  in  a  city  like  this,  little  head- 
way can  be  made  at  the  beginning  with  the  constant  influx  of  im- 
migrants, many  of  whom  are  unskilled.  Regulation  of  immigra- 
tion, including  its  distribution,  demands  first  attention.  An  in- 
creased effort  should  be  made  to  locate  industries  out  of  New  York 
City,  where  the  cost  of  living  is  materially  less.  Working  papers 
should  be  granted  at  a  later  age  than  at  present  —  a  year  or  two 
later  at  any  rate.  Vocational  training  in  schools  should  have 
greater  emphasis.  Labor  unions  should  be  encouraged,  and  should 
have  all  the  protection  at  the  law  that  is  compatible  with  the  other 
interests  of  the  state.  Home  work  should  be  more  and  more  re- 
duced, with  perhaps  eventually  its  elimination.  These  are  some 
of  the  means  at  hand  short  of  the  minimum  wage. 

The  minimum  wage,  I  think,  should  be  adopted  only  after  care- 
ful study  and  earnest  thought.  Per  se  I  favor  it.  But  I  do  not 
believe  that  it  should  be  attempted  immediately,  or  until  attention 
has  been  directed  to  some  of  the  other  factors  in  the  wage  question. 


616  Appendix  III 

Boy  G.  BlaJcey 

In  some  cases  it  seems  best  to  have  minimum  wages  established 
by  government  agencies,  but  there  are  a  great  many  things  that 
the  government  and  other  agencies  can  do  to  improve  conditions 
and  prevent  too  wide  use  of  or  necessity  for  fixing  wages  by 
the  State. 

In  the  first  place,  the  federal  government  should  restrict  immi- 
gration. Vocational  and  trade  education  for  all  at  State  expense 
should  be  provided  as  rapidly  as  possible.  A  comprehensive  and 
wisely  directed  system  of  employment  information  bureaus  and 
agencies  covering  the  entire  United  States  should  be  put  in  opera- 
tion. The  educational  and  age  requirements  before  permitting 
minors  to  engage  in  industries  should  be  raised  in  most  states  and 
made  uniform  for  all.  Women  and  children  should  be  absolutely 
prohibited  from  entering  industries  which  endanger  their  health 
and  the  virility  of  the  next  generation.  A  great  many  exceptions 
in  existing  laws  should  be  eliminated.  Of  course,  no  single  state 
can  accomplish  all  of  this  alone,  and  the  present  Commission  is 
most  immediately  concerned  with  what  can  be  done  by  New  York. 
The  right  kind  of  labor  unions  should  be  encouraged,  and  en- 
couraged to  co-operate  with  the  State  in  every  way  that  will  pro- 
mote the  interests  of  the  State  and  people  as  a  whole. 

Because  women  and  children  are  often  employed  at  wages  which 
in  the  long  run  are  detrimental  to  themselves  and  to  society  at 
large,  the  State  has  the  right  to  step  in  and  protect  itself.  Of 
course,  this  will  work  temporary  hardship  in  many  cases  —  ju^t  as 
a  change  of  tariff,  or  workmen's  compensation  law  or  other  legisl{v- 
tion  often  works  temporary  hardship.  "  Temporary  "  may  mean 
several  years,  though  in  the  end  some  of  the  changes  mean  benefit 
to  all  concerned,  or  at  least  to  the  majority.  If  a  minimum  wage 
is  established,  doubtless  those  earning  less  than  the  minimum  will 
be  discharged. 

Much  depends  upon  where  the  minimum  is  put.  It  should  he 
put  at  or  helow  the  point  of  securing  necessities  for  health  and 
continued  efficiency.  This  means  very  low.  An  industry  which 
can  not  pay  that  to  ordinarily  qualified  people  is  parasitic  and 
should  not  be  allowed  to  exist.  Those  who  can  not  earn  that 
amount  under  average  conditions  in  an  industry  that  is  not  para- 


QUESTIONAIKE    ON    WaGE    PrOBLEM  517 

sitic  are  fit  subjects  for  State  aid,  since  they  must  be  defectives. 
If  they  can't  earn  the  minimum  wage,  which  means  what  is  neces- 
sary for  existence  and  continued  physical  efficiency,  or  a  little  less, 
for  them  to  be  put  entirely  out  of  employment  is  to  hasten  a  de- 
cline that  is  inevitable  and  will  be  long  drawn  out  anyway  (by 
definition  of  this  minimum  wage),  unless  the  State  takes  care 
of  them. 

B.  M.  Bradley 

It  is  true  that  the  early  economists  went  astray  and  were  dis- 
credited because  they  ignored  the  social  laws  and  forces  that  form 
part  of  the  makeup  of  human  nature,  and  because  they  dealt  with 
man  as  if  he  were  a  being  affected  only  by  economic  motives. 
Now,  however,  we  have  a  body  of  social  workers  who,  with  some 
notable  exceptions,  are  likewise  inviting  ultimate  failure  and  dis- 
credit because  in  their  zeal  for  a  better  study  and  use  of  social 
forces  they  are  ignoring  the  equally  vital  economic  laws. 

No  intention,  however  good,  can  keep  a  continued  and  unlimited 
supply  of  labor  from  affecting  the  price  that  labor  can  command. 
If  we  ignore  this  fact  and  try  to  remedy  the  condition  of  our 
workers  by  such  secondary  remedies  as  better  distribution,  better 
agencies  for  employment,  etc.,  there  is  every  prospect  that  the  very 
efforts  that  might  otherwise  bring  benefit  will,  in  the  end,  produce 
more  poverty  rather  than  less. 

There  are  many  ways  in  which  the  benefits  that  we  seek  will 
elude  us.  A  minimum  wage  law  or  an  efficient  organization  of 
labor  may,  over  a  limited  area,  for  a  time,  enforce  a  higher  rate  of 
wages.  It  can  hardly,  however,  succeed  in  preventing  the  piling 
up  of  workers  at  the  favored  points,  thus  bringing  about  the  sub- 
stitution of  partial  employment  at  higher  pay  for  lower  pay  with 
fuller  employment.  It  can  seldom  prevent  competition  with  the 
employer  from  some  less  well  organized  region,  since  in  our  com- 
merce between  the  States  we  have  the  largest  area  of  free  competi- 
tion in  the  world.  Moreover,  the  highest  temporary  success  of  a 
trade  union  in  raising  wages  against  an  overstocked  labor  market, 
produces  a  state  of  the  most  unstable  equilibrium. 

In  addition  to  non-union  competition,  new  materials  and  new 
processes  are  continually  flanking  the  union's  entrenchments. 
Everywhere  the  employer  finds  himself  impelled  by  self  interest, 


518  Appendix  III 

or  forced  bj  competition,  to  rearrange  his  industry  so  that  he  can 
use  the  more  abundant  unorganized  cheap  labor  in  place  of  the 
higher-priced  men  who  are  not  living  in  three-room  tenements  and 
taking  boarders. 

J.  L.  Burritt 
A  minimum  wage  by  governmental  action  would  quickly  result 
in  throwing  inefficient  workers  out  of  employment.  Taking  our 
own  industry  as  an  example  we  would  be  compelled  to  dismiss 
some  of  our  employees  who  are  now  given  employment  partly  as 
a  matter  of  charity.  This  would  apply  especially  to  elderly 
persons.  We  now  employ  several  men  and  women  whom  we 
would  not  be  employing  if  their  efficiency  had  to  be  raised  to  a 
fixed  standard.  A  fijxed  scale  of  wages  that  is  not  dependent 
solely  on  the  efficiency  of  the  employee  also  tends  to  reduce  the 
wages  of  the  most  efficient  employees. 

Henry  L.  Caiman 

We  believe  that  the  establishment  of  a  minimum  wage  by  legal 
enactment  would,  in  the  end,  work  injury  to  the  worker;  it 
would  be  bound  to  lead  to  greater  discrimination  in  employment, 
and  would  eliminate  from  the  ranks  of  the  employed  many  of 
those  who  can  now  secure  such  employment  only  on  account  of 
their  being  ready  to  accept  somewhat  less  than  any  standard  that 
might  be  established. 

Charles  L.  Chute 

The  minimimi  wage  has  proved  itself  successful  as  one  factor 
in  raising  wages  and  elevating  the  employee.  It  should  be  tried 
out  in  New  York. 

Victor  8.   Clarh 

Money  compensation  may  be  regulated  by  a  minimum  wage. 
Old  age  and  invalid  pensions,  tenement  house  and  factory  legis- 
lation, compensation  laws,  and  other  legislative  measures  affect 
real  wages  vitally.  I  base  my  approval  of  minimum  wage  chiefly 
on  observation  of  its  effect  in  IRew  Zealand  and  Australia. 

Miles  M.  Dawson 
I  think  that  the  best  form  is  the  establishment  of  a  minimum 
wage,  which,  however,  really  ought  not  to  be  determined  differently 


Question  AIRE  on  Wage  Problem  519 

for  different  industries,  but  ought  to  be  the  lowest  figure  at  which 
the  workmen  can  support  themselves  independently,  or,  in  the 
case  perhaps  of  men  past  the  marriageable  age,  can  support  their 
families  independently.  I  think  this  will  ultimately  be  the  result 
of  investigations  by  administrative  bodies, 

I  do  not  think  there  are  any  good,  sound  reasons  against  the 
establishment  of  a  minimum  wage  if  confined,  as  I  have  indicated, 
to  the  lowest  figure  at  which  the  workmen  can  live  independently. 
All  the  arguments  are  in  favor  of  it.  It  can  be  enforced.  Failure 
to  adopt  it  and  enforce  it  means  that  family  life  is  in  danger,  and 
marriage  and  the  establishment  of  families  greatly  discouraged. 

The  argument  occasionally  advanced,  that  it  will  merely  en- 
courage more  and  more  women  to  engage  in  wage-earning  em- 
ployments, is  not  sound.  If  they  are  so  to  engage,  whether  in 
large  or  in  small  numbers,  their  compensation  when  fully  em- 
ployed should  be  enough  to  sustain  them. 

0.  L.  Dean 
I  am  in  favor  of  a  minimum  wage  scale  for  most  places  where 
any  number  of  people  are  employed,  as  it  is  only  fair  as  a  matter 
of  competition.  Some  dealers  want  the  longest  hours  possible 
with  the  least  pay  possible  for  their  employees;  while  there  are 
many  others,  I  am  glad  to  say,  that  are  willing  and  glad  to  be 
able  to  pay  a  good  living  wage  for  a  good  class  of  help.  Such 
people  usually  have  the  best  help,  and  I  think  get  more  real  worth 
out  of  them,  as  they  are  apt  to  be  more  conscientious,  interested 
employees.  I  have  in  mind  a  retailer  who  has  between  100  and 
200  girls,  whom  he  pays  from  two  to  three  up  to  five  dollars  a 
week  as  a  limit.  I  call  that  unfair  competition,  and  a  menace  to 
the  morals  of  our  social  life  as  we  find  it  in  a  large  city. 

Carroll  W.  Doten 

I  cannot  take  the  time  to  give  the  reasons  for  my  feeling  in 
regard  to  the  minimum  wage,  but  I  may  say  in  general  that  I 
believe  it  is  socially  inexpedient  to  permit  the  existence  of  any 
parasitic  industry  in  the  community,  and  on  the  other  hand,  it 
is  certainly  socially  inexpedient  to  permit  weak  and  defenceless 
laboring  people  to  accept  wages  which  do  not  provide  a  sufficient 


520  Appendix  III 

amount  for  the  maintenance  of  a  decent  standard  of  living.  No 
doubt,  in  the  working  out  of  a  minimum  wage  law,  there  will  be 
cases  of  hardship  to  both  employers  and  employees.  No  reform  has 
ever  been  instituted  which  has  not  resulted  in  some  hardship  to 
somebody.  These  hardships  may  possibly  be  called  the  ''  growing 
pains  "  of  progress,  and  are  inevitable,  however  regretable  they 
may  be. 

Elizabeth  Butcher 

I  believe  in  the  minimum  wage  because  through  it  the  State  in 
the  interest  of  its  own  welfare,  recognizes  the  important  principle 
that  without  a  minimum  of  the  ordinary  means  of  existence  effici- 
ency is  impossible,  and  the  human  machine  is  gradually  impaired. 
The  State  has  gradually  become  convinced  that  it  is  necessary  to 
insure  a  minimum  of  education,  of  sanitation,  of  leisure  and  rest, 
and  of  medical  attendance  in  illness,  and  burial  in  death.  It  has 
carefully  safeguarded  such  important  episodes  in  human  life  as 
birth,  marriage  and  death.  The  only  relationship  it  has  deemed, 
apparently,  too  sacred  for  its  regulation  is  the  cash  relationship. 
Daily  economic  exploitation  is  just  as  insidious  in  its  effect  as 
overwork. 

In  the  interest  of  the  community  at  large,  the  Federal  Govern- 
ment has  regulated  the  rates  fixed  for  shippers,  generally  them- 
selves men  of  resource,  by  the  railroads.  Should  not  the  same 
principle  be  applied  to  the  terms  whereby  a  powerful  corporation, 
appropriates  the  best  years  of  a  woman's  life? 

There  is  no  argument  that  can  be  advanced  against  the  mini- 
mum wage  that  does  not  hold  good  against  raising  wages  by  col- 
lective bargaining.  We  are  told  that,  under  wage  boards,  the 
minimum  wage  tends  to  become  the  maximum.  Wage  statistics 
from  Victoria  refute  this.  On  the  other  hand,  some  opponents  of 
the  minimum  wage  contend  that  it  will  not  only  raise  low  wages 
but  will  make  all  wages  rise  in  proportion,  and  so  spell  ruin  to 
the  employer.  An  employer's  association  could  meet  this  con- 
dition, if  necessary,  by  raising  prices.  It  can  be  shown,  however, 
that  highly  paid  labor  is  the  cheapest. 

If  the  issue  were  not  so  important,  it  would  be  amusing  to 
see  how  contradictory  are  the  arguments  against  the  minimum 
wage.     One  group  contends  that  it  will  drive  all  women  out  of 


QUESTIONAIEE    ON    WaGE    PrOBLEM  521 

industry,  while  others,  who  are  firm  in  their  conviction  that 
women's  place  is  in  the  home,  lament  the  fact  that  it  will  make 
the  position  of  women  in  industry  more  secure.  A  group  of  trade 
unionists  who  have  never  been  conspicuous  in  their  efforts  to 
organize  the  "  sweated  "  trades  are  sure  that  it  means  a  death 
blow  to  trade  unionism,  despite  the  obvious  fact  that  it  is  only 
in  countries  where  the  minimum  wage  has  been  established  that 
these  sweated  trades  are  organized  at  all. 

That  the  problem  of  the  defective  will  be  made  more  acute 
by  the  adoption  of  a  compulsory  living  wage,  cannot  be  denied. 
There  are  those  who  seem  to  think  that  such  parasitic  trades  as  the 
candy  and  paper  box  trades,  and  the  department  stores,  should 
be  permitted  to  continue  to  force  the  majority  of  their  employees 
to  a  life  of  partial  dependence  on  those  members  of  their  family 
who  are  fortunate  enough  to  work  in  better  paid  trades,  with  the 
alternative  of  the  slow  starvation  of  body  and  mind  that  continu- 
ous poverty  means,  in  order  that  a  small  proportion  of  defectives 
of  one  sort  or  another  may  be  provided  with  "  useful "  work. 
That  the  State  in  self-protection  should  provide  for  the  education 
and  training,  and  if  need  be,  for  the  segregation  of  the  defective 
is  a  truism.  To  expose  such  a  person  to  the  wear  and  tear  of 
life  in  the  ordinary  factory  or  store  is  only  cruelty. 

I  believe  in  the  minimum  wage  because  wages  are  life;  they 
mean,  for  the  worker,  not  only  the  means  to  keep  the  human 
machinery  going  at  all,  and  provide  for  its  repair,  but  they  mean 
decent  living  conditions,  opportunities  for  higher  living,  and  peace 
of  mind.  The  minimum  wage  means  a  better  America  for  the 
future  generation. 

George  Eastman 
I  am  wholly  opposed  to  the  establishment  of  a  minimum  wage 
because  I  believe  that  if  such  wages  are  fixed  by  governmental 
edict  the  result  will  be  to  increase  prices  in  the  same  proportion, 
thereby  leaving  the  worker  with  only  the  same  purchasing  power 
that  he  now  possesses. 

Sarah  Elhus 
I  don't  believe  in  the  establishment  of  a  minimum  wage,  as  in 
most  cases  it  would  tend  to  put  a  premium  on  laziness,  irregular- 


522  Appendix  III 

ity,  etc.  In  many  cases  where  the  employers  are  in  great  need  of 
workers  they  would  have  to  pay  the  lazy  and  inefficient  worker  the 
minimum  wage  to  start  with  just  the  same  as  they  would  the  effi- 
cient worker.  For  instance,  if  the  minimum  wage  in  the  depart- 
ment stores  were  nine  dollars  a  week,  it  would  exclude  all  the 
young  girls  who  have  to  earn  a  living,  and  throw  many  out  of  em- 
ployment. If  there  is  a  minimum  wage,  this  application  should 
not  be  restricted  to  women  and  minors. 

Eliza  P.  Evans 
Whether  a  minimum  wage  law  is  the  solution  of  the  wage  prob- 
lem, one  cannot  say,  but  I  believe  its  possibilities  to  be  very  great 
and  well  worth  an  extended  trial.  A  uniform  state  minimum 
wage  law  is  much  to  be  preferred  to  the  variety  of  laws  that  are 
adopted  and  likely  to  be  adopted.  A  federal  law  would  be  worth 
while  if  the  constitutional  barriers  can  be  overcome. 

C.  E.  Gardiner 
Our  reply  to  the  first  part  of  this  question  is  in  the  affirmative. 

W.  A.  Garrigues 
Governmental  action  in  the  direction  indicated  is  not  desirable. 
Business  should  be  fostered,  not  handicapped  by  unnecessary  and 
foolish  laws.  Large  numbers  of  workers  are  now  out  of  employ- 
ment owing  to  the  fact  that  Congress  and  our  State  legislatures  are 
too  largely  composed  of  men  with  no  practical  business  experi- 
ence, who,  therefore,  are  unable  to  realize  that  prosperity  for  the 
worker  is  dependent  upon  prosperity  for  the  employer. 

F.  H.  Gilson 

A  minimum  wage  which  is  to  be  paid  regardless  of  whether  the 
operative  renders  an  equivalent  would  encourage  indifference  and 
inefficiency  on  the  part  of  the  unambitious  operative.  On  the 
other  hand,  to  leave  wages  as  they  are  now  in  many  cases  estab- 
lished, at  the  lowest  possible  point  at  which  anybody  can  be  forced 
to  work,  is  undesirable.  It  would  probably  be  desirable  to  estab- 
lish a  minimum  wage  for  an  average  person  rather  than  a  mini- 


Question  AIRE  on  Wage  Problem  523 

mum  wage  for  all  persons,  and  this  wage  should  be  established  at  a 
level  where  the  average  person  can  be  at  least  self-supporting  even 
in  the  humblest  occupations  where  adults  are  employed,  and  so 
that  the  ambitious,  or  person  above  the  average  should  be  able  to 
earn  more,  but  not  putting  a  premium  upon  idleness  or  shirking 
by  paying  to  the  idle  shirker  the  same  as  the  average  worker.  A 
minimum  piece  price  where  it  can  be  applied  ought  to  fit  tliis 
proposition. 

William  P.  Gone 

The  establishment  of  a  minimum  wage  would  have  as  its  most 
serious  and  immediate  result,  the  driving  out  of  employment  of 
those  who  were  earning  the  least,  and  presumably  were  most  de- 
pendent on  their  work.  It  is  always  true  that  in  any  industry 
there  are  many  people  employed  who  are  not  up  with  the  average 
for  one  reason  or  another.  Perhaps  the  business  might  be  con- 
d noted  fully  as  profitably  without  them,  but  for  reasons  —  some 
of  them  not  purely  economic, —  they  are  employed  at.  a  lowei' 
wage  than  the  rest.  As  soon  as  the  alternative  is  forced  on  the 
manufacturer  of  employing  no  one  at  less  than  a  certain  price, 
the  great  majority  from  necessity,  or  choice,  will  discharge  such 
of  these  people  as  cannot  be  profitably  employed.  Some  manu- 
facturers may  pay  the  increase  to  these  people,  but  they  would  do 
so  purely  out  of  charity,  and  it  is  unlikely  that  in  the  long  run, 
a  motive  of  this  kind  would  be  effective  enough  to  do  this  class 
of  workman  much  permanent  good. 

Bolton  Hall 

Wages  are  that  part  of  the  product  which  the  laborer  retains 
for  himself.  Wages,  therefore,  are  necessarily  drawn  from  land 
and  labor,  that  is,  from  the  exercise  of  labor  upon  land  or  the 
products  of  land,  and  can  be  drawn  from  nothing  else.  We  can- 
not sweep  back  the  sea,  although  we  may  dam  it  out  here  and 
there,  and  it  seems  clear  that  since  the  source  of  wages  is  land 
and  labor,  the  amount  can  only  be  permanently  increased  or  de- 
creased by  the  availability  of  one  of  these  two  factors.  We  have 
abundant  idle  hands  and  we  have  superabundant  idle  lands. 


524  Appendix  III 

Such  plans  as  minimum  wages  then,  like  charities,  are  mere 
stop  gaps  and  palliatives  and  patches,  which  in  the  end  show 
the  melancholy  result  that  rents  are  increased- 

W.  R.  Heath 

The  answer  to  No.  5  is  practically  the  same  as  No.  4.  As  a 
last  resort  the  establishment  of  a  minimum  wage  by  law  is  to  be 
favored,  but  before  this  there  should  be  the  policy  of  encourag- 
ing the  proper  relationship,  possibly  by  the  establishment  of  a 
State  Industrial  Commission  with  sufficient  powers  to  detennine, 
subject  to  the  review  of  the  courts,  the  course  to  be  pursued  by 
particular  industries  and  workers  requiring  direction  or  restraint. 

Leo  Hirshfeld 

Government  action,  to  establish  a  minimum  wage  can,  in  our 
opinion,  never  be  successful  in  benefiting  a  majority  of  industries 
and  their  workers.  It  can  never  be  just  to  all  concerned.  It 
would  work  harm  to  the  employer  by  forcing  him  to  pay  for  in- 
efficiency, as  well  as  for  efficiency.  It  would  in  a  way  force  the 
efficient  and  ambitious  worker  to  carry  part  of  the  burden  of  the 
inefficient  and  shiftless  one.  In  other  words,  it  would  put  a  bur- 
den on  efficiency  and  foster  inefficiency.  It  would  put  out  of 
work  a  great  many  who  need  it  mostly.  It  would  take  away  the 
chance  of  the  beginner  to  start  small  and  work  up  to  a  certain 
standard.  Take  away  ambition  from  men  and  women,  and  the 
result  cannot  be  good. 

Let  government  action  help  the  workers  from  a  different  point. 
Furnish  good  practical  education.  Make  it  easy  and  pleasant  for 
all  to  absorb  such  education.  Furnish  education  that  teaches 
proper  home  conditions,  that  teaches  a  proper  way  to  live.  Teach 
women  how  to  clothe  economically,  how  to  produce  good  and 
nutritive  meals  from  good  and  inexpensive  food  stuffs.  Teach 
them  cleanliness,  and  sanitation,  and  how  to  produce  good  home 
conditions  at  little  expense.  As  stated  before,  make  such  educa- 
tion easy  and  pleasant  for  the  masses,  in  order  that  the  majority 
will  take  advantage  of  it.  Some  men  and  women  in  all  walks  of 
life  live  comfortably  and  happily  on  small  incomes,  because  they 


Question  AIRE  on  Wage  Problem  525 

are  thrifty  and  temperate  in  their  mode  of  living,  and  know  how. 
Others  are  careless  and  always  dissatisfied,  and  will  never  be  good 
workers  or  good  citizens,  no  matter  under  what  laws. 

Most  employers  are  fair ;  only  too  glad  to  pay  a  maximum  wage 
to  a  reliable,  steady,  efficient  employee,  and  find  it  a  very  profitable 
investment. 

George  K.  Holmes 

My  point  of  view  is  primarily  that  of  one  interested  in  the  wel- 
fare of  society ;  the  welfare  of  labor  and  of  capital  owners  is  neces- 
sarily implied.  My  requirement  is  that  industry  shall  be  so  man- 
aged as  to  make  the  saving  and  investment  of  capital  worth  while 
and  to  permit  its  employees  to  maintain  at  least  a  minimum  qual- 
ity of  living  and  of  social  fitness,  according  to  the  standard  of  the 
time  and  of  the  people  of  the  State.  In  determining  this,  the 
weapons  of  strike  and  lockout  are  barbarous.  Mediation  and  arbi- 
tration determine  controversies  between  capital  and  labor,  but 
society  is  not  a  party.  It  is  a  matter  of  fundamental  importance 
that  it  should  be  a  party  in  every  question  relating  to  its  own 
welfare.  Maintenance  of  a  standard  of  living  that  is  above  what 
is  detrimental  to  social  interests  is  essential  to  prevent  social  de- 
terioration and  society  should  see  that  industry  provides  the  means 
to  those  industrial  workers  who  are  able  to  appropriate  them.  The 
instrument  for  this  purpose  is  a  Minimum  Wage  Board. 

The  practical  adjudications  of  such  a  board  suggest  enormous 
difiiculties.  The  experiences  of  boards  of  this  sort  in  New 
Zealand  and  elsewhere  will  doubtless  be  instructive  to  the  N'ew 
York  board,  if  one  is  established.  Administration  by  such  a  board 
should  be  cautious  and  tentative  for  a  long  time.  An  important 
feature  of  this  work  should  be  the  ascertainment  and  recording  of 
results. 

Presumably,  a  minimum  wage  would  put  some  inefficient  work- 
ers down  and  out,  as  far  as  their  particular  industry  is  concerned. 
The  social  fraction  of  the  left-behind  would  perhaps  be  increased. 
This  fraction  presents  a  problem  all  by  itself.  It  includes,  also, 
the  blind,  the  crippled,  and  other  defectives.  In  a  broad  view,  it 
is  neither  humane  nor  wise  to  let  this  social  element  limit  the  wel- 
fare and  hamper  the  progress  of  the  socially  fit. 


526  Appendix  III 

I  have  purposely  confined  my  answer  to  a  plea  for  and  justifica- 
tion of  a  Minimum  Wage  Board.  You  will  get  from  others 
answers  that  will  be  more  practical  than  those  that  I  am  able  to 
give  you  without  taking  much  time  to  examine  the  details  of  the 
subject. 

Howard  C.  Hopson 

I  do  not  believe  the  government  should  go  beyond  the  establish- 
ment of  bureaus  of  employment  and  labor  exchanges,  and  from 
time  to  time  make  investigations  in  order  to  acquaint  the  general 
public  with  bad  tendencies  in  order  that  society  as  a  whole,  through 
the  education  of  public  opinion,  may  take  steps  to  protect  itself. 

E.  D.  Howard 

The  rates  of  wages  in  our  tailor  shops  are  determined  by  our 
three  years'  agreement.  This  agreement  is  based  on  the  prices 
existing  at  the  time  of  the  big  strike  in  Chicago  and  were  deter- 
mined prior  to  that  time  principally  by  the  number  of  workers 
available  for  the  different  sections  of  tailoring.  There  was 
always  a  shortage  of  efficient  help  at  that  time. 

There  was  a  great  lack  of  uniformity  or  rationality  in  the 
piece-work  prices  made.  They  depended  quite  a  little  upon  the 
accident  of  any  moment,  and,  being  established,  were  very  diffi- 
cult to  change.  In  many  cases  they  have  no  relation  to  the  skill 
required  but  rather  to  the  efficiency  of  certain  persons  in  bargain- 
ing with  the  foreman.  Later  these  prices,  fixed  in  such  an  un- 
certain way  were  crystalized  and  became  the  basis  of  an 
agreement. 

Our  piece-work  prices  in  tailor,  shops  are  irrational ;  some  of 
the  persons  are  too  highly  paid,  and  others  paid  too  low,  but  we 
know  of  no  way  by  which  a  greater  equality  can  be  brought  about. 

There  is  an  unfortunate  but  perhaps  inevitable  policy  of  union 
officers  to  refuse  to  consent  to  the  reduction  of  any  price  or  wage 
no  matter  how  excessive  or  undesirable  it  may  be.  The  direct 
result  of  this  policy  is  that  it  is  impossible  to  raise  prices  or 
wages  where  it  would  seem  desirable  for  many  reasons  on  account 
of  the  excessive  cost  which  would  be  the  result.  Our  board  of 
arbitration  has  determined  this  matter  and  find  no  way  to  solve 
this  problem. 


Question  AIRE  on  Wage  Problem  527 

By  agreement  we  have  a  minimum  wage.  We  have  been  well 
satisfied  with  this  minimum  although  we  know  that  it  has  been 
of  disadvantage  to  feeble,  aged,  or  relatively  incompetent  per- 
sons, as  well  as  to  young  persons  desiring  to  learn  trades.  It  is 
a  protection  against  misleading  statements  concerning  low  wages 
paid. 

F.  Lincoln  Hutching 

A  minimum  wage  is  only  another  blundering  way  of  interfer- 
ing with  the  laws  of  the  universe  and  must  fail  to  have  any 
lasting  beneficial  effect.  It  is  an  inefficient  process  that  attempts 
to  cure  disease  by  neglecting  the  cause  while  applying  palliatives 
to  ease  the  sufferings  of  the  patient.  A  man  starving  through 
lack  of  opportunity  to  create  an  appetite  would  be  little  benefited 
by  an  egg  diet  which  he  could  not  assimilate,  while  the  eggs  would 
be  worse  than  wasted. 

The  remedy  for  exploitation  of  workers  is  in  way  of  requiring 
all  wages  to  be  dependent  upon  product  —  a  matter  not  difficult 
when  approached  in  a  scientific  manner.  Such  a  regulation 
would  stop  at  once  all  conflict  between  employers  and  employed; 
would  put  all  producers  upon  the  same  basis,  thus  preventing 
competition  between  employers  to  reduce  wages  and  remove  the 
obnoxious  practices  and  methods  of  the  unions.  This  would  put 
a  premium  upon  efficiency  and  create  a  forward  movement  in 
this  country  beyond  calculation,  to  the  benefit  of  all  from  low 
to  high. 

Belle  Lindner  Israels 
Yes,  if  minimum  is  accompanied  by  an  apprenticeship  system. 

W.  T.  JacJcman 

I  favor  the  establishment  of  the  minimum  wage  principle  for 
the  following  reasons: 

(a)  It  is  evident  from  inquiries  that  many  families  are  living 
below  the  standard  which  is  necessary  to  maintain  efficiency ;  and, 
according  to  the  biological  law,  the  fewer  the  chances  for  survival, 
the  greater  the  number  of  individuals  that  will  be  produced. 
Consequently  the  continuation  of  the  less-than-minimum  wage 
adds  to  the  difficulties  of  family  life  and  increases  the  burden 


628  Appendix  III 

imposed  upon  the  state  or  community  to  help  those  who  other- 
wise do  not  have  enough. 

(b)  It  seems  to  be  necessary  as  a  step  to  something  better  in 
the  relations  of  employer  and  employed,  just  as  compulsory  edu- 
cation is  essential  until  the  community  and  its  individual  mem- 
bers come  to  see  the  desirableness  of  voluntary  co-operation  in 
education  for  the  individual  and  social  welfare. 

N.  Johannsen 

To  establish  minimum  wages  by  law  would  be  utterly  imprac- 
ticable, because  that  would  conflict  with  the  law  of  supply  and 
demand.  There  would  be  endless  difficulties  when  trying  to  en- 
force such  a  law.  Besides,  unions  and  socialists  would  con- 
stantly endeavor  to  raise  the  minimum  without  paying  the  least 
regard  to  the  condition  of  trade;  and  they  would  always  find 
accommodating  politicians  willing  to  assist  them  in  their 
endeavors. 

As  it  is,  employers  are  harassed  to  the  brim  by  unreasonable 
demands  on  the  part  of  labor  unions.  If,  to  establish  minimum 
wages,  they  would  have  to  fight  not  only  with  the  unions  but 
also  with  the  government  and  with  vote-seeking  legislators,  we 
would  subject  business  to  a  new  element  of  complication  and 
trouble  which  may  prove  disastrous. 

Alvin  S.  Johnson 

A  minimum  wage,  varying  according  to  industry  and  locality, 
for  the  specially  exploited  trades,  appears  to  me  desirable.  There 
is  no  reason  why  public  boards,  properly  constituted,  should  not 
perform  the  same  function  for  non-unionized  industries  that  the 
organizations  for  collective  bargaining  perform  in  the  unionized 
field.  There  are  industries  in  which  there  seems  to  be  no  other 
escape  from  the  vicious  circle  —  low  wages  —  inefficiency  — low 
wages. 

E.  M.  Keator 

Governmental  action  of  any  sort  is  undesirable.  The  govern- 
ment is  incompetent  to  run  business.  The  stagnation  of  business 
at  the  present  time  is  due  to  governmental  action.  No  business 
man  wants  to  give  up  his  business  to  take  a  government  job,  and  as 


QUESTIONAIRE    ON    WaGE    PrOBLEM  529 

present  constituted  there  are  no  business  men  in  our  government. 
The  advent  of  women  on  some  of  the  investigating  commissions 
has  and  will  result  in  a  sentimental  point  of  view.  They  are  tem- 
peramentally unsuited  for  such  work,  and  their  meddling  only 
results  in  hardship  to  either  the  employer  or  the  worker.  No  leg- 
islation whose  object  is  the  minimum  wage  should  be  attempted. 
These  things  will  adjust  themselves,  and  while  the  process  is  slow, 
workers  will  eventually  be  paid  what  they  are  worth. 

B.  C.  Kemmerer 

It  is  my  candid  opinion  that  the  minimum  wage  would  not  ben- 
efit the  workers  or  society  as  a  whole.  The  economic  laws  govern- 
ing wages  are  best  left  alone. 

There  are  other  ways  by  which  the  state  can  improve  the  wage 
scale,  such  as  state  agencies  for  bringing  workers  and  employers 
together,  by  adopting  a  system  in  our  schools,  whereby  the  pupils 
receive  practical  training  while  studying  as  they  do  in  western 
cities.  The  state  might  go  so  far  as  to  provide  vocational  agen- 
cies, whereby  pupils  and  workers  as  well  could  secure  free  guid- 
ance in  determining  what  work  they  are  best  fitted  for,  then  direc- 
tions given  them  where  they  might  secure  such  employment. 

Wilford  I.  King 

No  country  has  yet  succeeded  in  raising  the  wage  level  by  mini- 
mimi  wage  legislation.  Australia  and  New  Zealand  have  tried  it 
in  vain. 

Much  could  be  done  to  help  the  poor,  if  immigration  were  elim- 
inated, by  guaranteeing  steadiness  of  employment.  Laws  should 
be  passed  penalizing  the  employer  who  allows  his  labor  force  to 
fluctuate  greatly  during  the  year,  and  rewarding  the  employer  who 
keeps  employment  steady.  Not  half  of  the  so-called  seasonal  in- 
dustries are  really  necessarily  seasonal.  They  represent  careless- 
ness and  lack  of  foresight  on  the  part  of  employers.  A  penalty 
would  quickly  steady  the  demand  for  labor  in  many  lines. 

Labor  unions,  like  other  monopolies,  benefit  part  of  the  popula- 
tion (those  inside)  at  the  expense  of  the  rest.  They  are  socially 
beneficial  in  only  one  way.  They  lower  the  wages  of  unskilled 
labor  outside,  and  hence  lessen  immigi'ation  by  making  conditions 
for  the  immigrant  less  attractive. 


530  Appendix  III 

George  J.  Kraft 
The  establishment  of  a  minimum  wage  will  bar  beginners  from 
getting  a  start  in  a  factory  where  work  is  not  all  machine  work. 
A  beginner  in  my  line  (novelties)  is  an  expense,  not  a  help ;  for 
quite  a  considerable  time  the  material  spoiled  is  in  excess  of  the 
value  of  the  work  turned  out,  and  no  doubt  this  is  a  fact  in  most 
factories. 

H.  P.  Lansdale 
Aminimum  wage  is  unfair  to  certain  industries,  where  young 
men  will  very  gladly  work  for  the  experience  they  are  getting. 
Improvement  can  be  brought  about  much  better  by  investigation, 
agitation  and  education,  rather  than  through  compulsory  laws. 

D.  D.  Lescohier 
It  seems  to  me  that  something  along  the  line  of  minimum  wage 
legislation  wiU  be  necessary,  but  I  do  not  believe  that  we  have  yet 
worked  out  the  proper  technique  for  handling  this  proposition.  I 
cannot  see  how  any  state  in  the  union  which  at  the  present  time 
has  a  minimum  wage  law  will  be  able  to  enforce  that  law  with  the 
machinery  which  it  has  provided,  and  I  very  much  question 
whether  in  most  cases  that  machinery  is  of  the  type  that  is  best 
adapted  for  enforcing  such  legislation.  I  simply  make  this  gen- 
eral suggestion  to  call  your  commission's  attention  to  the  fact  that 
the  administrative  problems  with  respect  to  the  minimum  wage  are 
possibly  the  least  understood  of  any  of  the  problems  connected 
with  this  proposition. 

William  H.  Lough 
The  establishment  of  a  low  minimum  wage  is  desirable  as  a 
means  of  raising  our  standard  of  citizenship.  It  is  not  desirable, 
and  in  my  judgment  cannot  be  defended,  on  economic  grounds. 
The  first  effect  of  the  establishment  of  a  minimum  wage  would  be 
to  bar  out  a  certain  number  of  incompetents  who  are  now  em- 
ployed. Most  of  these  incompetents  would  doubtless  be  depend- 
ents and  would  be  a  burden  on  their  families  and  on  the  com- 
munity. The  salutary  effect  would  be  in  the  probable  reduction 
of  the  birth  rate  among  the  least  efficient  workers,  and  in  the  dis- 
couraging of  the  immigration  of  the  lowest  grades  of  workers. 


QUESTIONAIRE    ON    WaGE    PeOBLEM  531 

These  beneficial  results  would  probably  appear  only  in  the  nexl 
generation. 

There  are  doubtless  industries,  such  as  department  stores, 
which  would  be  able  to  pass  on  either  to  consumers  or  to  the  manu- 
facturers from  whom  they  buy  a  portion  of  the  increased  expense 
resulting  from  the  establishment  of  a  minimum  wage.  In  some 
cases  this  particular  body  of  wage  workers  would  be  benefited  at 
the  expense  of  the  rest  of  the  community. 

There  are  doubtless  industries  also  in  which  a  moderate  increase 
in  wages  could  be  granted  without  having  any  perceptible  effect  on 
the  development  of  the  industries.  In  these  cases  the  lower  grade 
wage  earners  would  be  benefited  by  a  minimum  wage  at  the  ex- 
pense of  the  owners  of  the  industries. 

It  should  be  clearly  understood  that  a  minimum  wage  will  not 
and  cannot  (with  the  slight  exception  above  noted)  benefit  any- 
body in  this  generation.  It  should  be  undertaken  as  a  patriotic 
duty  with  the  object  of  raising  the  level  of  succeeding  generations. 
It  would  be  wholly  inconsistent,  from  this  point  of  view,  to  at- 
tempt to  determine  minimum  wages  for  different  industries.  A 
general  minimum  wage  should  be  established  and  both  workers 
and  capitalists  should  be  left  untrammeled  to  move  from  one  in- 
dustry to  another. 

Benjamin  C.  Marsh 
A  law  regulating  minimum  wages  is  a  "  humanitarian  "  but 
stupid  method  of  atoning  for  privilege.  Probably  it  should  be 
tried  out  simply,  to  determine  the  fact  that  it  is  a  failure,  and  must 
be  a  failure  until  the  four  measures  (enumerated  in  the  answer  to 
question  4)  at  least,  are  carried  out. 

It  should  be  noted,  however,  that  there  cannot  properly  be  a  uni- 
form rate  of  wages  for  New  York  State,  since  both  the  real  and 
nominal  cost  of  living  varies  so  greatly  between  New  York  City 
and  the  small  manufacturing  towns  and  agricultural  counties  of 
the  state. 

I  do  not  see  why  there  should  be  varying  rates  of  wages  for  dif- 
ferent industries,  if  the  purpose  of  the  enactment  of  such  a  meas- 
ure is  merely  to  secure  minimum  wages,  since  the  physical  re- 
quirements of  the  man  who  digs  the  ditch  or  the  woman  who  works 
in  a  factory  are  substantially  the  same,  and  their  intellectual  re- 


532  Appendix  III 

quirements  should  be  approximately  the  same  as  those  of  the 
skilled  mechanic  and  the  typewriter  or  a  woman  who  works  as  a 
model  in  a  department  store.  Of  course,  the  woman  who  works 
as  a  model  or  typewriter  has  to  spend  more  for  dress. 

David  A.  McCdbe 
The  establishment  of  a  commision  or  commissions,  with  power 
to  determine  legal  minimum  rates  of  wages  after  investigation, 
would  lead  to  an  appreciable  increase  in  wages  without  crippling 
the  industries  affected.  The  reasons  for  this  view  have  been  re- 
peatedly advanced  by  economists.  The  reasoning  is  supported  by 
the  experience  of  trades  in  which  wages  are  set  by  joint  agree- 
ments covering  nearly  all  workmen  and  employers,  and  by  Vic- 
torian .and  British  experience  with  government  wages  boards. 

George  A.  McKinlock 
I  sympathize  with  the  establishment  of  a  minimum  wage,  al- 
though I  feel  that  very  careful  consideration  should  be  given  to 
the  subject  before  any  general  application  of  the  theory  should  be 
attempted.  I  associate  the  minimum  wage  with  the  standard 
of  living,  and  believe  that  every  worker  is  entitled  to  full  com- 
pensation and  equitable  participation  in  the  products  of  his  labor. 

Almus  Olver 

There  is  no  other  form  of  action  which  can  be  taken  besides 
the  establishment  of  a  minimum  wage.  Briefly,  I  might  say  that 
not  until  the  employers  are  compelled  by  a  power  greater  than 
themselves  to  grant  a  wage  not  inconsistent  with  the  profits  of 
their  business  —  not  greater  than  a  reasonably  intelligent  and  in- 
dustrious man  or  woman  is  capable  of  earning,  not  less  that  the 
amount  which  we  have  so  often  held  up  as  the  least  sum  upon 
which  one  may  maintain  a  decent  standard  of  living  in  this  country 
to-day  —  will  we  ever  approach  our  ideal  of  a  country  in  which 
there  shall  be  as  little  poverty  as  it  is  possible  in  the  nature  of 
things  to  be. 

I  foresee  all  the  difiiculties  which  the  opponents  of  such  a  meas- 
use  marshal  against  it,  but  I  still  believe  that  its  advantages  far 
outweighs  its  disadvantages. 


Question  AIRE  on  Wage  Problem  533 

It  is  no  more  necessary  to  keep  the  drone  under  the  minimum 
wage  that  it  is  without  it,  and  the  increase  of  efficiency,  self- 
reliance  and  energy  of  the  worker  who  at  last  realized  that  his  toil 
was  bringing  him,  if  not  equal  value  for  what  he  gave,  at  least  a 
decent  living  wage,  would  more  than  compensate  for  the  increased 
cost  to  the  employer. 

We  may  here  cite  as  an  instance,  the  increased  production  in 
the  Ford  plant  as  a  result  of  the  minimum  wage  plan  put  into 
effect  by  Mr.  Ford.  The  same  men,  and  the  same  number  of  men, 
in  the  same  working  hours  turned  out  many  more  finished  auto- 
mobiles after  this  plan  went  into  effect  than  they  did  prior  thereto. 
More  of  our  social  problems  would,  I  believe,  yield  to  this  treat- 
ment than  any  other  which  we  might  undertake.  I  am  not  at  all 
certain  but  that  in  the  increased  independence  of  the  family  would 
be  found  ultimately  a  reduction  of  those  charges  altogether  borne 
by  the  man  of  property  in  the  form  of  what  we  call  taxes,  which 
go  to  provide  hospitals,  and  hospital  facilities,  dispensaries,  alms- 
houses, out-door  relief,  etc.,  for  those  for  whom  society  at  present 
fails  to  provide  sufficient  remuneration  that  they  may  be  inde- 
pendent. If  we  can  give  our  working  people  a  sufficient  wage 
durign  their  working  lives,  with  an  opportunity  of  laying  a  little 
away  to  care  for  them  in  their  old  age,  we  shall  have  cut  the  cost 
of  our  charities  in  half,  and  the  men  who  bear  the  increased  cost 
by  reason  of  the  minimum  wage  will  be  saved  an  appreciable 
amount  of  it  in  the  decreased  cost  of  caring  for  the  poor. 

Alfred  E.  Ommen 

Minimum  wage  legislation  must  be  supplemented  by  provisions 
for  the  deficient ;  and  how  that  is  possible  does  not  seem  evident. 
The  fact  that  there  are  some  hopelessly  and  partly  deficient  is  very 
evident,  and  no  industry  can  afford  to  pay  the  difficient  wages  of 
the  efficient. 

There  is  a  tendency  of  too  much  paternalism  in  our  government. 
The  government  cannot  consider  this  question  from  every  angle, 
and  there  is  grave  danger  of  disaster  to  some  business.  Those 
who  are  engaged  in  the  industry,  especially  if  they  have  been  so 
engaged  for  many  years,  are  better  informed  as  to  its  needs  than 
those  who  give  but  superficial  attention  to  it. 


684  Appendix  III 

Edward  D.  Page 

It  is  impossible  to  express  in  terms  of  money  all  the  factors 
which  enter  into  and  determine  the  desire  and  interest  of  the  work- 
ing men  to  work;  or  the  desire  and  interest  of  the  employer  to 
employ.  Many  kinds  of  light  employment  are  recognized  by  the 
worker  as  disciplinary,  instructive,  and  eventually  leading  to  a 
living  wage.  It  is  desirable  that  such  light  employments  be  en- 
couraged, even  though  at  less  than  the  living  wage,  for  the  reason 
that  the  bulk  of  their  participants  are  young  persons  who,  for  the 
development  of  their  characters,  require  the  discipline  of  fixed 
attention  on  a  given  purpose,  irrespective  of  the  money  pay.  In 
education  there  is  no  definite  line  between  school  practice  and 
employment  practice;  in  fact,  the  latter  is  often  of  more  value  in 
mental  training  than  the  former. 

The  function  of  government  in  establishing  a  minimum  wage 
should  be  to  call  conferences  of  workers  and  employers  to  discuss 
the  practicability  of  a  minimum  wage  in  a  given  industry,  and 
then  to  enforce  whatever  agreement  is  arrived  at.  So  little  is  known 
about  the  subject  that  it  would  be  foolish  as  well  as  idle  to  express 
an  opinion  in  its  favor  or  against.  But  to  promote  trade  agree- 
ments and  to  enforce  them  after  they  are  adopted  is  a  proper 
governmental  function;  protecting  those  of  either  side  of  a  con- 
troversy who  are  willing  to  live  up  to  their  engagements  from  those 
who  are  not.  If  there  be  a  law  on  the  subject  it  should  be  along 
these  lines,  promoting  and  permitting  such  conferences  and  agree- 
ments and  safeguarding  them  after  they  have  been  entered  into. 

Maurice  Parmelee 

I  am  not  prepared  to  say  that  minimum  wage  legislation  is  the 
best  form  of  goverimaental  action.  The  government  might  also 
act  by  regulating  prices  so  as  to  diminish  profits  and  to  raise  real 
if  not  nominal  wages.  However,  I  am  not  prepared  to  advocate 
any  specific  form  of  government  action. 

Raymond  V.  Phelan 

A  minimum  wage  for  each  occupation  (with  some  considera- 
tion of  differences  of  locality),  to  be  established  by  an  adminis- 
trative body. 


Question  AIRE  on  Wage  Peoblem  535 

a.  Women  and  children  in  particular  are  subject  to  wages  that 

are  socially  undesirable  and  unlikely  to  promote  the  high- 
est efficiency  of  the  worker,  because  of  little  unionization, 
tradition,  and  timidity. 

b.  Minimum  wage  administration  through  wage  boards  serves 

to  broaden,  enlighten,  and  liberalize  the  views  of  workers, 
employers,  and  representatives  of  the  public.  Thus  tri- 
party  (workers,  employers,  and  public)  labor  legislation 
and  administration  may  be  promoted.  Our  labor  regula- 
tion by  law  will  never  be  entirely  successful  until  such 
tri-party  understanding  and  earnest  cooperation  is  secured. 

c.  Minimum  wage  laws  may  promote  better  business  organiza- 

tion and  more  efficiency  in  workers.  We  may  reason  to 
this  conclusion  from  the  results  of  shorter  hours  legally 
enforced  in  Great  Britain,  as  well  as  abstractly. 

d.  Minimum  wage  laws  will  serve  to  give  the  humane,  far- 

sighted  employer  fair  play. 

e.  Minimum  wage  laws  will  in  time  serve  to  establish  higher 

standards  for  entrance  into  business  and  industrial  life. 

L.  G.  Powers 
Real  wages  consist  in  part  of  money  and  in  part  what  money 
secures.  Governments  can  affect  the  money  wage  only  by  mini- 
mum wage  laws.  The  actual  wages  are  affected  by  general  fac- 
tory legislation,  pure  food  laws,  tenement  house  legislation  and 
similar  statutes,  many  in  number. 

Charles  Rohlfs 

Since  the  State  —  that  is  the  people  —  cannot  control  the 
economic  conditions  of  production  and  distribution,  it  exceeds  its 
rights  when  it  endeavors  to  legalize  a  charge  (wages)  in  the  cost 
of  production  and  distribution. 

While  wages  is  the  principal  item  in  the  cost  of  production,  and 
the  means  of  sustenance  to  the  worker,  economic  conditions  alone 
determine  the  value  of  the  service  rendered.  Consequently,  no 
one  can  rightfully  determine  for  another  how  much  or  how  little 
must  be  considered  adequate  compensation  for  a  specified  kind 
of  service. 

An  employer  pays  the  current  price  of  wages.  This  price  is 
created  by  causes  over  which  he  has  little  or  no  control.  He  buys 
labor  as  he  would  a  commodity,  and  sells  labor's  product  for  as 
much  more  than  he  paid,  as  he  can  get.    It  is  unnatural  to  make 


536  Appendix  III 

a  price  (cost)  by  law  which  is  in  conflict  with  prevailing  economic 
conditions. 

Do  you  remember  ever  insisting  on  paying  more  for  anything 
you  bought  than  the  price  at  which  the  thing  was  offered  you? 
If  to  do  so  would  be  unnatural  for  you,  the  consumer,  why  should 
you  try  to  make  it  natural  for  the  producer,  a  consumer  of  labor  ? 

We  cannot  afford  to  plan  for  a  temporary  relief  when  there  is 
a  strong  probability  that  the  result  will  be  to  eventually  create  a 
beggar  class  who  can  do  nothing  but  work  their  side  of  the  street, 
palm  up.  If  you  wish  to  do  a  real  and  fundamental  good  after 
you  have  got  the  school  machine  going  —  and  this  is  in  a  class  by 
itself  —  or  even  before  you  consider  how  the  school  can  be  made 
to  give  maximum  instead  of  minimum  results  —  institute  old  age 
and  illness  insurance  —  the  insurance  premium  to  come  from 
the  insured  and  to  be  controlled  by  the  State.  This  is  compulsory 
thrift. 

I  know  that  you  cannot  possibly  thinly  that  you  can  legislate 
training,  self-reliance,  capacity,  thrift,  honesty,  or  character  into 
people,  nor  that  you  can  possibly  tax  all  the  people  to  make  good 
the  shortcomings  of  some  of  the  people.  Our  almshouses,  jails  and 
asylums  are  sufficiently  well  filled  now  without  going  another 
step  in  that  direction. 

E.  M\.  Sergeant 

The  establishment  of  a  minimum  wage  by  governmental  action 
seems  to  me  decidedly  inadvisable,  mainly  for  the  reason  that 
the  minimum  wage  on  which  a  person  or  family  can  live  in  com- 
fort varies  so  greatly  in  different  localities.  A  man  receiving 
$1.25  a  day  in  a  small  country  town  may  be  much  better  off  than 
he  would  be  at  twice  the  wage  in  a  large  city.  If  the  minimum 
wage  were  established  to  meet  the  conditions  where  the  cost  of 
living  is  high,  it  would  impose  an  undue  hardship  on  industries 
located  in  other  places,  and  if  based  on  low  cost  of  living  would 
be  valueless  where  the  cost  of  living  is  high. 

Florence  Simms 
The  establishment  of  a  minimum  wage  is  the  best  action.     I 
see  no  other  way  for  securing  justice  to  a  large  number  of  girls. 
It  will  make  for  advance  in  efficiency  and  will  permit  a  larger 
life. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  537 

Harrison  B.  Smith 

I  see  no  objection  to  the  establishment  of  a  minimum  wage, 
provided  there  is  at  the  same  time  a  minimum  standard  of  effi- 
ciency. I  have  long  thought  that  government  must  cut  into  the 
established  ideas  of  rights  to  private  property.  In  doing  so,  how- 
ever, it  must  at  the  same  time,  neither  by  omission  or  commission, 
recognize  the  threatened  tyranny  of  labor  organizations.  There 
must  be  the  one  standard  for  all  —  a  fair  and  equitable  standard. 
The  old  idea  that  a  man  has  the  right  to  do  what  he  pleases  with 
his  own  must  be  abolished ;  but,  at  the  same  time,  the  threatened 
idea  that  a  particular  class  of  men  can  dictate  what  one  can  do 
with  his  so-called  private  property  must  not  prevail. 

G.  F.  Steele 
I  believe  the  best  method  to  establish  a  minimum  wage  —  if 
it  is  desirable  to  have  one  —  is  after  a  very  thorough  and  serious 
investigation  by  some  competent  administrative  body. 

H.  K.  Thomas 
I  do  not  think  government  action  is  desirable.  The  establish- 
ment of  a  minimum  wage  involves  questions  which  are  fraught 
with  extreme  difficulty.  The  experiment  was  tried  some  years 
ago  in  Great  Britain  as  regards  miners,  and  the  results  are  gen- 
erally conceded  to  be  unsatisfactory,  inasmuch  as  in  many  dis- 
tricts fewer  men  are  employed  so  that  the  system  is  unfavorably 
re-active  on  the  worker. 

W.  R.  Thompson 
If  a  government  minimimi  wage  is  deemed  necessary  it  must 
not  be  construed  to  become  the  maximum  wage.  There  is  about 
as  much  need  for  a  maximum  wage  as  for  a  minimum  wage; 
in  fact  there  is  far  more  justice  in  prohibiting  salaries  of  $4,000 
or  over  being  paid  to  any  one  than  there  would  be  in  keeping 
the  minimum  wage  below  $3  per  day. 

A.  C.  Vandiver 
The  best  method  of  ameliorating  the  existing  inadequacy  of 
wages  is  the  establishment  of  a  minimum  wage  to  be  determined 


538  Appendix  III 

by  a  quasi-judicial  body  after  thorough  and  scientific  investiga- 
tion of  all  the  conditions  existing  in  the  trades  to  be  affected. 
My  reason  for  favoring  the  establishment  of  a  minimum  wage 
is  that  all  employers  would  thereby  be  equally  affected,  and  the 
least  harm  be  done  both  to  employers  and  employees. 

0.  /.   M^eeks 

I  believe  a  minimum  wage  would  be  one  of  the  worst  proposi- 
tions that  could  be  advocated.  It  would  tend  in  a  great  measure 
to  put  the  honest  industrious  worker  on  the  same  plane  as  the 
workers  who  are  seeking  every  minute  to  shirk  their  duty;  and 
there  are  some  workers  who,  if  they  knew  that  they  were  pro- 
tected by  a  minimum  wage,  would  just  work  enough  to  hold 
their  positions  and  no  more. 

Ansley  Wilcox 

Not  believing  that  government  action  is  desirable  or  practica- 
ble as  a  direct  means  of  raising  wages,  I  do  not  at  all  believe 
in  the  attempt  to  establish  a  legal  minimum  wage. 

The  government  can  do  much,  within  reasonable  limits,  in  the 
way  of  improving  working  conditions,  and  thus  indirectly  may 
increase  the  efficiency,  lengthen  the  lives,  and  improve  the  wages 
and  living  conditions  of  employees.  But  legislation  fixing  rates 
of  wages  seems  to  me  to  be  destructive  of  the  liberty  and  inde- 
pendence of  the  people,  both  employers  and  employees,  and  lead- 
ing to  far  more  harm  than  good. 

Momay  Williams 

My  judgment  is  that  an  establishment  of  a  minimum  wage  is 
probably  the  best  method  of  introducing  government  action,  but 
more  careful  investigation  must  first  be  had.  In  order  that  any 
attempt  at  fixing  a  minimum  wage  should  be  successful,  if  such 
an  attempt  were  made  before  the  conditions  were  very  thoroughly 
understood,  the  law  would  probably  degenerate  into  a  dead  letter, 
which  would  be  worse  than  no  action  at  all. 


QuESTiONAiBE  ON  Wage  Pkoblem  539 

Question  l^o.  6 

If  the  establishment  of  a  minimum  wage  is  desirable  should  its 
application  be  limited  to  women  and  minors  ?     A.  Why  ? 

D.  B.  Armstrong 
Although  the  minimum  wage  is  an  expedient  measure  and  along 
with  better  pay,  short  hours,  welfare  work  in  factories,  etc.,  is 
palliative  and  not  truly  corrective,  I  can  see  no  reason  why  it 
should  be  limited  to  women  and  minors. 

G.  L.  Amer 
No.  Economic  laws  apply  with  equal  force  to  all  workers. 
The  male  worker  can  no  more  govern  his  wage  than  can  a  child 
of  12,  unless  he  possesses  organizing  or  directing  ability  and  can 
lift  himself  out  of  the  ranks  of  what  is  commonly  regarded  as 
the  working  class. 

Gertrude  Barum 
No.     All  should  be  protected  by  this  law. 

George  Gordon  Battle 

I  do  not  believe  the  establishment  of  a  minimum  should  be  lim- 
ited to  women  and  minors,  although  perhaps  it  might  be  tried 
first  for  their  benefit,  as  they  are  the  more  helpless  classes  of  the 
community. 

Emma  B.  Beard 

No.  Because  many  children  are  forced  out  of  school  and  into 
industry  and  many  women  are  compelled  to  neglect  their  homes 
and  children  by  going  to  work  in  order  to  supplement  the  male 
wage  earners'  income.  The  test  case  now  being  used  to  prove  the 
constitutionality  of  the  law  prohibiting  night  work  for  women  is 
but  one  instance  of  this. 

Holmes  Beckwith 
Sex  lines  should  not  limit  such  legislation.     The  difference  is 
one  only  of  degree.     Constitutional  and  other  legal  barriers  will 
probably  be  less  for  legislation  of  this  sort  for  women  and  children 
than  for  men  also. 


640  Appendix  III 

Harry  Best 

Yes,  as  a  beginning,  because  it  is  experimental,  and  women  and 
minors  are  confessedly  in  greater  need. 

Boy  G.  Blakey 

I  would  limit  the  application  of  the  minimum  wage  to  women 
and  minors  in  the  beginning.  It  has  already  been  mentioned 
why  they  are  particularly  liable  to  exploitation  and  conditions 
are  at  present  worse  with  them  than  with  men,  as  least  so  far  as 
the  interests  of  society  are  concerned.  But  the  same  logic  which 
would  make  it  apply  to  them  could  be  applied  to  men  in  some 
cases,  through  usually  the  necessity  or  exigency  is  less  urgent. 
After  we  see  how  it  works  in  the  case  of  women  and  children 
we  will  be  in  a  better  position  to  know  what  to  do  and  how  to  do  it 
as  regards  men. 

Edward  M.  Brewer 

I  am  very  much  opposed  to  the  establishment  of  a  minimum 
wage,  whether  limited  to  women  and  minors  or  working  men. 

/.  L.  Burritt 
The  establishment  of  a  minimum  wage  would  work  an  injury 
to  women  and  minors  as  well  as  to  male  employees,  and  for  identi- 
cally the  same  reason. 

Charles  L.  Chute 
It  should  apply  to  all  workers,  regardless  of  age  or  sex. 

Victor  8.  Clark 
Principally  to  women  and  minors,  and  to  adult  male  workers 
in  occupations  subject  to  the  competition  of  women  and  minors 
and  presenting  obstacles  to  trade  organization. 

Miles  M.  Dawson 
Though  I  am  of  the  opinion  that  the  principal  value  of  the  es- 
tablishment of  the  minimum  wage  will  be  realized  in  the  case  of 
women  and  minors,  I  do  not  think  that  it  ought  to  be  so  confined. 
I  am  of  this  opinion  because  on  principle  I  do  not  think  such 
limitation  could  be  defended,  and  also  because  there  have  been 


QUESTIONAIEE    ON    WaGE    PrOBLEM  54rl 

serious  mischiefs  at  times  when  there  was  great  nnemployment, 
in  the  matter  of  beating  down  the  wages  of  adult  males  below  the 
point  which  would  enable  them,  even  if  fully  employedj  to  main- 
tain themselves  independently. 

Carroll  W.  Doten 

At  present  I  assume  that  it  would  not  be  constitutional  in  our 
American  states,  except  in  the  case  of  women  and  children. 

Eliza  P.  E'vaTis 
The  poorly  paid  class  of  working  men  need  a  minimum  wage 
law  as  badly  as  do  women  and  minors.  I  see  no  reason  for  any 
sex  distinction,  except  to  get  the  law  within  the  police  power,  and 
I  believe  the  sooner  we  can  bring  our  courts  to  see  that  men  as 
human  beings  are  entitled  to  the  protection  of  the  police  power 
of  the  state  in  the  broader  sense,  the  better  for  human  legislation. 
If  the  same  results  can  be  accomplished  through  organization, 
then  it  is  better  to  do  without  minimum  wage  legislation,  even 
though  the  organization  method  take  longer  to  accomplish  the 
same  results.  But  minimum  wage  legislation  will  tend  to  better 
the  condition  of  the  great  class  of  persons  who  are  not  ready  for 
organization,  and  who  ought  not  to  be  allowed  to  suffer  while  they 
are  being  educated  for  organization. 

Joseph  Frey 
At  first,  yes,  because  this  would  be  simpler  and  easier. 

C.  E.  Gardiner 

Where  trade  union  organization  exists  or  is  available,  no  mini- 
mum wage  fixed  by  outside  authority  is  desirable.  This  would, 
to  a  large  extent,  confine  the  operation  to  women  and  minors, 
with  whom  and  where  or  when,  for  any  reason  union  organiza- 
tion is  impracticable.  The  difficulties  attending  successful  organi- 
zation in  their  cases  are  sufficiently  obvious. 

F.  H.  Oilson 
No. 


642  Appendix  III 

William  P.  Gone 

The  limiting  of  a  minimuin  wage  to  women  and  minors  would 
be  of  advantage  on  legal  grounds  and  because  the  damage  might 
be  less  extensive  —  women  and  minors  are  more  likely  to  have 
someone,  aside  from  the  poor  department,  to  support  them,  if  they 
lost  their  positions ;  but  as  a  practical  matter,  women  and  minors 
would  undoubtedly  be  the  ones  most  affected  in  any  case. 

Bolton  Hall 

The  minimum  wage  should  not  be  limited  to  women  and  minors. 
Why  should  it  be  ?    If  it  is  an  efficient  remedy,  all  need  it. 

W.  R.  Heath 

Certainly  the  government  should  be  more  solicitous  with  refer- 
ence to  the  wards  of  the  State  than  people  presumed  to  be  capable 
of  taking  care  of  themselves,  and  should  be  more  solicitious  of 
the  mothers  of  society  than  of  men.  The  principle,  however,  of 
State  interference  as  a  last  resort  should  prevail. 

Mary  Alden  Hopkins 
No,  because 

1.  Unskilled  laborers  are  frequently  unorganized. 

2.  Skilled  laborers  can  raise  wages  frequently  only  by  strikes 

and  violence. 

W.  T.  Jachman 
No.  Men  are  equally  powerless  in  the  face  of  the  present  indus- 
trial system. 

Alvin  8.  Johnson 
The  principle  of  the  minimum  wage  should  not  be  limited  to 
women  and  minors,  although  most  obviously  needed  in  industries 
employing  large  numbers  of  women  and  minors. 

Wilford  I.  King 
Yes  —  if  at  all. 


Question  AIRE  on  Wage  Problem  543 

D.  D.  Lescohier 
A  minimum  wage  law  should  not  be  limited  to  women  and 
minors.  I  believe  that  the  problems  of  our  wage  situation  for 
the  adult  male  with  a  family  dependent  upon  him  are  a  good  deal 
more  pressing  that  the  problems  with  respect  to  women  and 
minors.  In  the  various  states  where  minimum  wage  commissions 
are  promulgating  wage  rates  they  are  establishing  rates  for  im- 
mature girls  and  young  women  which  are  almost  as  high  as  the 
wages  of  adult  males  with  families  dependent  upon  them  in  those 
same  states.  I  cannot  believe  that  if  a  department  store  girl  is 
worth  $9  a  week  to  her  employer,  a  man  in  his  full  strength  and 
giving  his  life  permanently  to  industry  and  with  a  family  de- 
pendent upon  him  is  receiving  a  proper  wage  at  $12  a  week. 

William  H.  Lough 
As  the  first  step,  I  should  advocate  a  minimum  wage  limit  to 
women  and  minors.  After  it  has  been  tested  and  the  principle 
has  become  established,  it  will  be  easy  to  extend  it  by  degTees  to 
men.  It  is  desirable  in  making  any  such  changes  to  avoid  dis- 
turbing industries  unnecessarily. 

Benjamin  C.  Marsh 
For  the  present  at  least,  the  establishment  of  the  minimum  wage 
should  be  limited  to  women  and  minors,  because  neither  of  these 
have  votes  to  influence  legislation  and  to  secure  the  elimination  of 
privil^e  and  the  repeal  of  laws  which  prevent  competition  for 
labor  and,  therefore,  increase  in  rates  of  wages. 

David  A.  McCabe 
At  present,  it  should  be  limited  to  women  and  minors,  and  this 
because  it  would  be  in  this  country  experimental  legislation  and 
because  of  constitutional  difficulties.  I  think  it  would  be  better  to 
try  it  first  in  the  restricted  field.  In  principle,  however,  the  fam- 
ily living  wage  is  the  soundest  aim,  and  it  would  involve  legal 
minimum  wage  rates  for  adult  males  as  well. 

George  A.  McKinlock 
I  think  there  should  be  no  limitation  to  the  application  of  the 
minimum  wage  when  established. 


544  Appendix  III 

Henry  T.  Noyes 
In  our  industry  we  think  that  the  minimum  wage  is  desirable 
for  aU  employed.  We  believe  that  this  plan  gives  better  satisfac- 
tion and  contentment  to  both  employee  and  employer.  It  insures 
the  employees  a  wage  very  close  to  their  requirements  and  also  as- 
sists the  employer  in  automatically  selecting  people  who  are 
adapted  to  the  work  in  the  establishment.  We  think  that  the  men 
are  just  as  much  affected,  and  sometimes  more,  than  women  and 
girls  in  our  industry,  especially  married  men  as  against  pin-money 
workers. 

Ahnus  Olver 
Emphatically  "  No." 

Alfred  E.  0mm en 

Discrimination  for  any  class  is  undesirable.  If  the  establish- 
ment of  a  minimum  wage  is  a  wise  thing  to  do,  it  should  extend 
to  all  classes  of  workers,  and  standard,  prices  for  work  done  should 
also  be  established  to  meet  the  standard  of  wages. 

Edward  D.  Page 

What  I  have  said  above  would  militate  against  the  establishment 
of  a  minimum  wage  by  statute  for  anybody. 

Maurice  Parmelee 

Assuming  the  desirability  of  the  minimum  wage,  I  would  say 
that,  while  the  underbidding  of  adult  male  workers  by  women  and 
minors  at  the  present  time  may  appear  to  make  the  minimum  wage 
of  special  importance  for  women  and  minors,  I  am  quite  sure  that, 
in  the  long  run,  and  probably  at  present  as  well,  the  minimum  wage 
is  of  as  much  if  not  more  importance  for  the  adult  male  workers. 
I  would  say  that  minimum  wage  legislation  should,  as  a  rule,  be 
applied  to  the  whole  wage-earning  class  and  not  to  special  groups. 
By  this,  of  course,  I  do  not  mean  that  there  should  not  be  differ- 
ences between  different  trades. 


QUESTIONAIEE    ON    WaGE    PkOBLEM  545 

Raymond  V.  Phelan 
Yes,  at  least  for  the  present. 

a.  The  need  of  the  minimum  wage  is  more  clearly  established 

with  respect  to  women  and  children. 

b.  We  need  experience  and  education  in  the  matter  of  state 

fixation  of  wages. 

Harrison  B.  Smith 

Women  and  minors  should  be  no  more  protected  than  men  and 
adults. 

G.  F.  Steele 

The  establishment  of  a  minimum  wage  should  be  limited  to 
women  and  minors. 

H.  K.  Thomas 

I  can  see  no  reason  why  the  wages  of  women  should  not  be  de- 
termined by  the  same  factors  as  I  have  mentioned  under  Question 
1.  The  same  thing  may  well  apply  to  minors  except  that  from  a 
psychological  viewpoint,  it  may  not  be  desirable  to  place  com- 
paratively large  sums  of  money  in  the  hands  of  young  persons 
who  are  without  any  responsibility. 

^Y.  H.  Thompson 

If  established,  it  should  be  applied  to  every  worker  alike  regard- 
less of  age  or  sex ;  if  not,  employers  would  cater  to  those  not  af- 
fected by  the  law,  whom  they  could  exploit  the  most. 

A.  C.  Vandiver 
The  establishment  of  a  minimum  wage  should  not  be  limited  in 
its  application  to  women  and  minors  but  should  be  extended  to 
all  workers  without  regard  to  sex  or  age. 

0.  J.  Weeks 

If  a  minimum  wage  should  be  enacted,  I  see  no  reason  why 
women  and  minors  should  not  be  protected  by  its  benefits  as  well 
as  men. 

Vol.  1  —  18 


546  Appendix  III 

Ansley  WUcox 

N^ot  believing  in  the  establishment  of  a  l^al  minimum  wage  for 
any  class,  I  cannot  answer  your  sixth  question  directly.  There  is 
more  excuse  for  talking  about  this  in  the  case  of  children,  and 
even  of  women  of  all  ages,  that  in  the  case  of  men ;  but,  after  all, 
the  reasons  for  any  such  distinction  are  inadequate,  and  no  such 
distinction  should  be  made. 

Momay  Williams 

I  would  say  that  when  conditions  have  been  arranged,  it  is 
probable  that  the  minimum  wage  should  first  be  made  applicable  to 
the  cases  of  women  and  minors,  for  the  reason  that  the  tendency 
of  the  courts  to  preserve  the  right  of  private  contract  would  be  less 
likely  to  operate  against  the  determining  of  such  a  scheme  as  the 
fixing  of  the  minimum  wage  to  be  unconstitutional  in  the  case  of 
these  workers  than  in  the  case  of  men. 


QuESTiONAiEE  ON  Wage  Pkoblem  547 

Question  No.  7 

If  you  believe  in  the  establishment  of  a  minimum  wage  by  gov- 
ernmental action,  what  administrative  agency  should  fix  the  mini- 
mum? 

a.  How  should   such   body   be   composed    (numbers   and  per- 

sonnel) 

b.  How  chosen  and  appointed  ? 

c.  How  financed    (appropriation,   salaries,   expenses,   services, 

etc.)? 

d.  What  powers  (as  subpoena,  administration  of  oath,  right  to 

enter,  examine  books,  etc.)  should  be  granted? 

e.  Upon  what  grounds  should  investigations  be  initiated  ? 

f.  Should  the  minimum  wage  when  declared  be  made  compul- 

sory, or  if  not,  how  shall  observance  be  secured  ? 

g.  What  limitations,  if  any,  should  be  imposed  upon  its  rulings  ? 
h.  Should  there  be  any  subordinate  advisory  body  (as  the  wage 

boards  for  special  industries  in  Massachusetts)  ? 

i.   How  should  such  advisory  body  or  wage  board  be  consti- 
tuted ? 

j.  How  chosen  and  appointed  ? 

k.  What  should  be  its  functions  ? 

1.   What  compensation,  if  any,  should  be  given  members  ? 

Lloyd  V.  Ballard 
A  body  like  the  Interstate  Commerce  Commission  as  to  num- 
ber, personnel,  powers,  method  of  appointment,  salaries,  etc.,  could 
well  administer  a  law  of  this  sort,  i.  e.,  a  law  fixing  an  efficiency 
wage  and  providing  for  its  enforcement. 

L.  Bamet 
If  a  minimum  wage  be  established  by  governmental  action,  the 
Massachusetts  plan  carries  with  it  fewer  objectionable  features 
than  any  other. 

George  Gordon  Battle 

The  administrative  agency  required  to  fix  the  minimiun  wage 
should  have  broad  powers  subject  to  review  by  the  courts  only  upon 
the  ground  that  the  minimum  wage  had  been  fixed  so  high  as  to 
amount  to  confiscation  of  the  property  of  the  employers  interested. 
I  think  that  such  commission  should  be  appointed  by  the  Governor 
of  the  State,  subject  to  confirmation  by  the  'Senate.     Its  expenses 


548  Appendix  III 

should  be  met  by  the  State.  It  should  have  powers  of  subpoena, 
administration  of  oath,  and  the  right  to  enter  and  examine  books. 
Investigations  should  be  initiated  upon  some  responsible  verified 
complaint  or  petition,  or  upon  the  motion  of  the  Commission  it- 
self. The  minimum  wage,  when  declared,  should  be  made  com- 
pulsory. The  limitation  upon  the  rulings  of  the  Board  should  be 
as  I  have  indicated.  There  might  well  be  subordinate  advisory 
bodies,  i.  e.,  wage  boards  for  special  industries.  These  advisory 
bodies  or  wage  boards  should  be  appointed  by  the  main  body  of 
the  commission.  The  function  of  the  advisory  body  or  wage  board 
should  be  to  examine  conditions  in  or  relating  to  the  particular 
industry  to  which  it  might  be  assigned,  under  the  direction  of  the 
Commission.  Its  members  should  receive  reasonable  compensa- 
tion. In  general,  it  seems  to  me  that  our  Workmen's  Compensa- 
tion Commission  affords  a  fairly  good  model  from  which  such  a 
body,  for  the  purpose  of  establishing  minimum  wages,  with  subor- 
dinate advisory  boards,  might  be  constituted. 

Harry  Best 

a.  This  is  not  a  vital  point.     I  should  favor  a  commission  of 

about  five  members,  of  whom  one  might  directly  represent 
employers,  one  directly  the  workers,  a  third  a  professor  of 
economics  in  a  university,  a  fourth  a  practical  social 
worker,  and  a  fifth  a  business  man, 

b.  By  the  Governor,  with  confirmation  by  the  Senate. 
e.  Moderate  salaries  and  expenses. 

d.  Practically  full  powers. 

e.  Upon  a  demand  of  evil  conditions  from  the  workers  or  the 

public. 

f.  Compulsory  for  "  parasitic  industries,"  and  by  advertisement 

of  others. 

g.  Limited  judicial  examination  and  review. 

Roy  G.  Blakey 

I  have  not  worked  out  in  detail  in  my  own  mind  just  how  a 
minimum  wage  law  should  be  administered,  and  this  is  the  most 
important  point  of  all,  for  if  not  properly  administered  the  best 
of  laws  will  be  failures.  This  is  where  we  have  failed  and  con- 
tinue to  fail  most  frequently.  Failure  in  administration  is  per- 
haps the  biggest  indictment  against  our  governments,  from  federal 


QuESTioNAiRE  ON  Wage  Peoblem  549 

government  down,  and  especially  in  State  and  municipal  adminis- 
tration.    Most  of  our  laws  break  down  at  this  point. 

I  think  there  should  be  a  comparatively  small  central  commis- 
sion, composed  of  really  competent  men,  removed  from  all  sus- 
picion of  political  taint.  Perhaps  it  is  almost  necessary  to  have 
upon  it  some  one  closely  connected  with  labor  and  some  one  who 
understands  the  employers'  point  of  view,  but  they  should  be  men 
of  large  caliber  and  not  narrow. partisans;  they  should  remember 
that  they  are  representing  the  public,  the  State,  and  not  consider 
themselves  advocates,  the  one  for  labor  and  the  other  for  capital. 
Besides  these,  I  think  it  would  be  well  to  have  on  this  small  board 
a  big  caliber  economist,  not  merely  a  book  man  but  a  real  econo- 
mist, with  some  practical  experience,  broad  training  and  a  wide 
outlook  and  good  common  "  horse  sense." 

This  central  board  should  have  the  assistance  of  advisory  boards 
for  special  industries  and  all  should  have  broad  powers,  powers  of 
subpoena,  to  administer  oaths,  right  to  enter,  examine  books,  etc. 

Both  workmen  and  employees  should  be  given  proper  hearings 
and  rights  of  appeal,  but  there  should  be  no  limits  upon  final  rul- 
ings other  than  our  usual  constitutional  guarantees.  It  is  of  very 
great  importance  that  appointments  be  so  safeguarded  that  capa- 
ble and  public-spirited  men  will  serve  and  will  be  free  from 
partisan  politics. 

Charles  L.  Chute 
I  favor  the  system  being  successfully  applied  and  extended  in 
England. 

■  Victor  8.  Clarh 
Detailed  answers  to  these  questions  cannot  be  given,  because 
they  would  be  affected  by  local  conditions  in  different  places.    In 
general,  I  should  say  it  would  be  wise  to  follow  the  experience  of 
the  State  of  Victoria  and  probably  of  Great  Britain. 

Miles  M,  Dawson 

I  should  personally  be  in  favor  of  the  establishment  of  minimum 
wage  by  legislative  act,  but  if  that  is  not  acceptable,  would  not 
oppose  the  establishment  of  a  commission,  preferably  in  my  opin- 
ion to  be  composed  of  three  persons:  one,  a  representative  em- 


550  Appendix  III 

ployer ;  oue,  a  representative,  employee ;  and  one  either  a  citizen 
selected  on  account  of  particular  fitness  because  of  his  interest  in 
civic  matters  or  a  judge  known  to  be  fully  in  line  with  the  most 
important  advances  in  social  legislation.  If  such  commission  is  to 
be  created,  it  should  be  appointed  by  the  Governor,  with  expenses 
paid  by  the  State,  and  if  it  is  to  investigate,  should  have  the  pow- 
ers suggested  in  subdivision  D  of  the  question  and  should  initiate 
such  investigations  wherever  it  deems  it  wise  and  proper.  The 
minimum  wage  when  so  declared  should  be  compulsory,  and  viola- 
tion should  be  punished  by  fine  or  imprisonment.  I  have  given 
no  consideration  to  the  matter  of  whether  an  advisory  body  should 
also  be  appointed. 

Carroll  W.  Doten 

I  am  not  prepared  to  go  at  length  into  the  details  as  to  how 
the  minimum  wage  should  be  determined,  but  I  assume  that  some 
modification  of  existing  laws,  such  as  that  in  Massachusetts,  might 
serve  as  a  workable  plan.  I  think  the  Massachusetts  law  is  less 
efficient  than  it  might  have  been  if  there  had  not  been  such  stren- 
uous opposition  to  its  passage.  It  was  made  what  it  was  in  order 
that  it  might  not  be  killed  by  this  opposition.  Doubtless  it  will 
be  strengthened  from  time  to  time  and  finally  become  an  effective 
measure. 

Elizabeth  Butcher 

a.  Body  to  be  composed : 

1.  Minimum  wage  commission  (appointed  by  Governor). 

3  representatives  of  labor  (at  least  one  a  woman). 
3  representatives  of  employers. 
3  social  workers  (as  representing  the  "  public  ")  (at 
least  one  a  woman). 

2.  Trade  wage  boards. 

3  employees. 
3  employers. 
3  social  workers  (women  as  above). 

c.  Expenses  only. 

d.  All  powers  indicated. 

e.  Upon  a  written  request  from  25  employees  in  a  trade. 

f.  Compulsory. 

g.  Exemptions  should  be  arranged  for  apprentices,  for  the  aged, 

and  certain  kinds  of  defectives  (crippled  and  blind). 
h.  Yes  —  wage  boards  for  special  industries, 
i.   As  indicated  above. 


QUESTIONAIRE    ON    WagE    PkOBLEM  551 

j.  Chosen  by   Minimum   Wage   Commission   from   candidates 

nominated  by  members  of  the  trade, 
k-.l.  As  above,  except  where  employees  give  their  time  to  such  a 
Board,  and  there  is  no  trade  union  to  recompense  them. 
Under  such  circumstances,  they  should  each  be  allowed  to 
charge  $2  a  day  and  traveling  expenses  as  part  of  legit- 
imate expenses  of  Commission. 

Eliza  P.  Evans 

While  the  Minnesota  law  provides  for  a  commission  of  three 
persons,  a  commission  of  five  would  be  better, —  adding  to  our 
law  a  person  representing  the  public  and  particularly  trained  and 
interested  in  economic  problems.  Add  also  an  employer,  who  is 
not  an  employer  of  women.  Often  the  successful  business  man 
who  comes  in  contact  only  with  men  views  the  industrial  prob- 
lem in  a  much  broader  way  than  does  the  man  who  employs 
women. 

A  wage  commission  should  be  kept  out  of  politics  as  much  as 
possible  and  how  to  do  this  I  don't  know,  for  all  methods  fail  at 
times.  The  commission  should  work  in  conjunction  with  the 
State  Labor  Department  and  thereby  save  the  expense  of  dupli- 
cation of  work.  The  amount  of  the  appropriation  would  depend 
on  the  character  of  the  field  to  be  covered.  North  Dakota  would 
not  need  as  much  money  as  Massachusetts.  We  can  get  along  here 
on  $5,000  but  could  do  better  work  if  we  had  $8,000. 

A  secretary  or  other  paid  worker  who  will  take  charge  of  the 
work  of  the  commission  and  be  responsible  for  what  is  done,  to- 
gether with  an  assistant,  a  stenogTapher  and  a  statistician  (the 
latter  is  only  needed  part  of  the  time)  are  absolutely  necessary 
if  any  amount  of  good  careful  work  is  to  be  done.  Of  course  if 
the  commission  could  use  the  persons  employed  in  the  labor  de- 
partments the  salaries  of  these  people  could  be  used  for  other 
work. 

The  wage  commission  should  have  full  power  to  subpoena  wit- 
nesses, administer  oaths,  the  right  to  enter  places  of  employment 
and  the  right  to  examine  books.  There  should  be  a  provision  in 
every  minimum  wage  law  requiring  all  employers  to  make  an 
annual  report  to  the  wage  commission,  the  form  of  said  report  to 
be  prescribed  by  law  and  the  said  report  to  cover  the  items  of 
wages,  hours,  number  and  age  of  employees,  and  number  of  ap- 


552  Appendix  III 

prentices  and  learners.  The  gathering  of  this  information  is 
expensive  and  slow,  while  the  expense  of  making  a  report  is  almost 
nothing  to  each  employer. 

Section  3  of  the  Minnesota  law  should  be  so  amended  as  to  re- 
quire the  keeping  of  the  age  of  the  employee. 

A  more  definite  measure  for  the  wages  of  apprentices  and 
learners  should  be  fixed  (see  section  8  of  Minn,  law.),  if  the  intent 
of  the  law  is  to  pay  learners  and  apprentices  a  less  wage  than 
workers  of  ordinary  ability. 

Section  2  of  the  Minnesota  law  is  very  satisfactory. 

The  wage  commission  should  be  allowed  to  fix  wages  and  hours. 
Section  5  of  the  Minnesota  law  places  a  very  good  limitation  upon 
the  j>owers  of  the  commission. 

Wage  boards  are  not  very  satisfactory  at  first,  but  I  believe 
they  can  be  developed  into  a  very  useful  advisory  body,  particu- 
larly after  we  are  sure  that  minimum  wage  legislation  is  constitu- 
tional. Until  that  time  I  believe  the  employers  are  bound  to 
refuse  to  co-operate  for  fear  of  committing  themselves  to  the 
minimum  wage  idea.  Employers  and  employees  should  be  rep- 
resented on  each  wage  board  and  a  member  of  the  wage  commis- 
sion should  attend  all  meetings  of  wage  boards.  Otherwise  most 
of  the  information  brought  out  at  such  meetings  is  lost.  A  few 
representatives  of  the  public  make  the  wage  board  better  because 
of  their  disinterested  point  of  view. 

The  wage  commission  should  have  the  power  to  appoint  the 
wage  boards.  Employees  from  industries  directly  affected  will 
never  be  free  to  help  much  on  wage  boards  because  of  fear  of  the 
employer.  We  find  that  women  who  will  represent  the  employees 
and  who  are  not  affected  by  the  action  of  the  wage  board  can  much 
better  represent  the  employees  than  can  the  employees  themselves. 

The  functions  of  a  wage  board  should  be  to  make  recommenda- 
tion of  wages  after  due  investigation  and  recommend  period  of 
time  for  apprenticeship. 

All  members  of  the  wage  commission  should  receive  a  per  diem 
rate  for  time  actually  spent  on  minimum  wage  work.  The  mini- 
mum wage  idea  is  that  the  laborer  who  is  worth  hiring  is  worth 
decent  compensation.  It  is  hard  to  find  public  servants  who  will 
do  their  duty  well  and  free  of  charge. 


Question  AIRE  on  Wage  Problem  553 

Joseph  Frey 
Commission  by  state,  or  if  possible  by  nation. 

C.  E.  Gardiner 

The  administrative  agency  should  consist  of  a  body  composed 
of  selected  representative  employers  and  employed,  acting  under 
State  supervision  and  control.  This  body  would  decide  to  what 
industries  the  minimum  wage  legislation  should  apply,  and,  work- 
ing with  subordinate  bodies  similarly  constituted  for  each 
scheduled  industry,  would  operate  the  law. 

W.  R.  Heath 

I  do  not  believe  in  the  establisliment  of  minimum  wage  by 
governmental  action  at  this  time.  I  believe  it  would  be  highly 
detrimental.  However,  I  believe  that  what  good  people  wish  to 
accomplish  by  the  minimum  wage  is  right,  and  I  believe  that 
State  should  through  an  investigating  commission  ascertain  the 
facts  and  encourage  the  gradual  advance  in  wages  of  certain  in- 
dustries, and  such  commissions  should  have  sufficient  power  to 
make  their  suggestions  felt  with  industries  that  may  need  pres- 
sure. There  is  quite  as  much  work  to  be  done,  however,  with  and 
for  the  employee  as  with  the  employer  if  we  are  to  come  to  any- 
thing like  a  fair  solution  of  the  great  industrial  problem  in  its 
relation  to  the  employee,  and  the  employer  and  society  as  a  whole. 

Belle  Lindner  Israels 

a.  Men   and  women   representing  capital,   labor   and   general 

public. 

b.  By  Governor  of  State. 

d.  Full  powers. 

e.  Joint  requests  from  workers  and  employers  where  organiza- 

tions exist. 

f.  Compulsory,  of  course. 

g.  Apprenticeship  with  efficiency  standards. 
h.  Yes. 

i.  From  organizations  of  employers  and  employees  wherever 

possible, 
k.  To  determine  equitable  standards  of  wages. 
1.  Per  diem  and  traveling  expenses. 


554:  Appendix  III 

W.  T.  Jackman. 

In  most  cases,  it  would  be  better  to  leave  the  fixing  of  the  mini- 
mum wage  to  some  body  appointed  by  the  State  Legislature.  It 
should  consist  of,  perhaps,  five  persons;  one  a  representative  of 
labor,  one  a  representative  of  the  employers,  one  an  economist,  one 
a  social  worker,  and  an  able  judge  as  chairman.  Their  salaries 
should  be  generous  enough  to  place  them  beyond  the  reach  of  in- 
fluence by  either  side;  but  along  with  a  suitable  salary,  there 
should  be  honor  involved  in  the  proper  discharge  of  public  duties. 
When  the  minimum  wage  has  been  decided,  it  should  be  made 
compulsory,  subject,  of  course,  to  the  rulings  of  the  State 
Supreme  Court.  ISTo  suibordinate  advisory  body  should  be  necesr 
sary  in  most  cases,  and  the  simpler  the  administration  the  more 
effective  it  would  be. 

Alvin  8.  Johnson 

The  administration  of  the  minimum  wage  should  be  vested  in 
a  board  of  not  more  than  five  persons,  representing  the  interests 
of  labor  and  capital,  and  of  the  general  public.  It  would  be  desir- 
able to  have  the  board  consist  of  representatives  of  the  trades 
affected,  but  at  the  outset  this  would  be  impracticable,  since 
neither  employers  nor  employees  have  an  organization,  nor  can 
they  easily  effect  one.  Probably  the  best  immediate  plan  would 
be  the  appointment  of  four  members  of  the  board  by  the  Governor 
of  the  State,  from  lists  of  nominations  submitted  by  the  trade 
unions  and  by  the  commercial  organizations,  the  four  to  appoint 
a  fifth,  neither  an  employer  nor  an  employee.  Salaries  should  be 
sufficient  to  command  a  high  degree  of  ability,  and  liberal  appro- 
priations for  investigations  would  be  requisite.  Eight  to  subpoena 
witnesses  and  take  testimony  under  oath,  to  examine  books,  etc., 
would  be  indispensable.  Investigations  might  be  initiated  at  any 
time  by  the  board;  if  advisory  boards  were  constituted  (and  this 
should  be  done  as  soon  as  possible  in  each  industry  subject  to  the 
act)  such  investigations  might  best  be  initiated  by  the  advisory 
boards. 

The  minimum  wage  when  declared  should  be  made  compulsory. 

The  advisory  boards  should  consist  of  equal  numbers  of  em- 
ployers and  employees  in  the  trade  affected.  They  should  be 
elected,  and  should  receive  no  other  compensation  then  expenses 


Question  AIRE  on  Wage  Problem  555 

and  a  per  diem  sufficient  to  keep  service  on  the  board  from  being 
onerous  to  the  representatives  of  the  employees.  The  function  of 
such  boards  should  be  chiefly  to  initiate  investigations  by  the  ad- 
ministration board.  Ultimately,  however,  it  veould  be  desirable 
that  the  advisory  boards  develop  into  the  chief  machinery  for 
determining  the  minimum  wage. 

H.  P.  Lansdale 
Should  a  minimum  wage  be  established,  I  think  it  ought  to  be 
greatly  limited  although  the  governmental  board  established  ought 
to  have  full  power  along  the  line  of  investigation. 

D.  D.  Lescohier 

I  am  somewhat  in  doubt  (as  indicated  in  my  answer  to  question 
number  four)  as  to  just  what  sort  of  a  governmental  organization 
should  handle  the  minimum  wage  question.  I  seems  to  me  that 
the  simplest  problem  of  all  the  problems  is  that  of  establishing  the 
wage.  In  a  country  where  we  have  been  able  to  work  out  the 
regulation  of  gas  and  electric  rates,  railroad  freight  rates  and 
hours  of  labor,  and  other  labor  legislation,  I  do  not  believe  that 
there  is  any  practical  difficulty  which  will  prevent  us  from  de- 
termining what  is  a  proper  minimum  standard  of  wages  for  any 
given  type  of  workers  when  a  properly  qualified  commission  takes 
up  the  study  of  that  question.  Such  commission  should  have 
complete  power  of  investigation.  It  should  be  appointed  for  a 
long  term  of  office,  and  if  possible,  under  some  system  of  civil 
service.  It  should  be  composed  of  not  more  than  three  persons 
and  should  be  able  to  hire  such  expert  technical  assistance  as  it 
needs  and  it  should  have  the  right  to  investigate  on  its  own  initia- 
tive and  to  promulgate  wages  on  its  own  initiative  as  well  as  on 
the  request  of  interested  parties.  I  think  that  a  minimum  wage, 
if  established,  should  be  made  compulsory.  Recourse  should  be 
open  to  the  courts  upon  questions  of  law. 

The  commission  should  have  the  widest  possible  powers  of  dis- 
cretion in  the  appointment  of  such  boards  as  the  advisory  boards 
now  used  in  Massachusetts  and  other  states,  and  I  would  call  your 
attention  to  the  provisions  of  the  Minnesota  law  as  being  quite 


556  Appendix  III 

suggestive  of  the  way  any  such   boards  might  be  chosen   and 
constituted. 

To  me,  however,  the  real  problem  appears  to  be  the  problem  of 
compelling  all  employers  affected  to  comply  with  the  provisions 
of  the  minimum  wage  law  so  that  every  employer  who  was  com- 
plying could  know  certainly  that  his  competitors  were  also  comply- 
ing, and  the  dishonest  or  law  defying  employers  were  not  obtain- 
ing a  competitive  advantage  of  him  by  violation  of  the  law.  If 
in  the  interests  of  the  workers  we  are  going  to  compel  the  em- 
ployer to  pay  a  certain  minimum  wage  then  we  should  in  justice 
to  the  employer  see  to  it  that  no  honorable  and  law  abiding 
employer  is  exposed  to  the  cut  throat  competition  of  some  em- 
ployer who  is  violating  the  law.  Furthermore  we  will  have  to 
work  out  the  problem  on  a  wide  basis  because  if  we  compel  an 
employer  engaged  in  manufacturing  a  given  product  to  pay  a 
certain  minimum  wage,  we  must  see  to  it  that  we  compel  employers 
in  other  lines  of  business  but  selling  a  competing  product  to  pay 
a  like  rate  so  that  they  may  not  win  the  market  away  from  him. 
For  instance  we  may  conceive  a  manufacturer  of  jewelry  is  com- 
peting with  a  manufacturer  of  women's  waists  for  a  sale  to  a 
woman.  Now  if  one  or  the  other  of  these  is  compelled  to  manu- 
facture at  a  comparatively  high  labor  cost,  the  other  may  be  able 
to  make  so  low  a  selling  price  as  to  get  the  market  away  from  an 
employer  whom  we  at  first  thought  would  not  think  him  to  be 
competing  with. 

William  H.  Lough 

The  proper  agency  to  fix  a  general  minimum  wage  is  the  State 
Legislature.  There  is  no  occasion  to  my  mind  for  an  administra- 
tive body  investigating  separate  industries  and  fixing  or  attempt- 
ing to  fix  different  standards  for  different  industries.  The  idea 
of  creating  such  an  agency  is  based  on  the  fallacy  that  the  mini- 
mum wage  will  benefit  working  men. 

Benjamin  C.  Marsh 

a.  there  should  be  at  least  two  bodies ;  one  to  have  jurisdiction 

in  cities  of  the  first  and  second  classes,  in  the  State,  and 
another  for  the  rest  of  the  State. 

b.  The  members  should  be  selected  from  the  Civil  Service  list. 

The  Civil   Service   Commission  should  prepare  the  ex- 


QuESTiONAiKE  ON  Wage  Pkoblem  557 

amination  for  candidates  after  careful  consultation  with 
manufacturers,  labor  leaders  and  those  engaged  in  social 
work. 

c.  The  cost  should  be  met  by  the  State  through  an  annual  ap- 

propriation. The  salaries  should  be  adequate  but  dif- 
ferent for  the  two  different  classes,  while  expenses,  of 
course,  should  be  met. 

d.  The  powers  mentioned  should  be  granted. 

e.  Investigation   should  be   initiated   upon   request   either   of 

manufactilrers  or  workers  themselves. 

f.  Minimum  wages  when   determined  should  be  made  com- 

pulsory, subject  to  change,  if  conditions  change. 

g.  The  rulings  of  the  commission  should  be  final. 

h.  The  creation  of  subordinate  bodies,  as  suggested,  seems  wise. 

i.  These  advisory  bodies  should  be  constituted  of  representa- 
tives of  employers  and  employees  in  the  various  in- 
dustries. 

j.  They  should  be  selected  by  representatives  of  employers  and 
employees  of  each  industry.  Their  functions  should  be 
to  give  advice  either  voluntarily  or  when  called  upon  by 
the  administrative  commission ;  but  should  not  receive  any 
compensation,  merely  expenses  if  obliged  to  travel. 

David  A.  McCabe 

a.  I  should  favor  a  small  body,  three  or  five,  one  of  whom  must 

be  a  woman  and  one  an  employer  or  representative  of  the 
employing  interest  generally. 

b.  By  tJie  Governor  or  the  courts.    The  board  must  be  kept  free 

of  party  considerations. 

c.  The  appropriation  should  be  adequate  for  the  needs  of  the 

board  or  commission;  if  possible,  the  amount  should  be 
variable,  with  the  needs  of  the  commission. 

d.  Full  power,  such  as  a  court  has. 

e.  Upon  representation  by  responsible  parties  that  the  wages 

are  below  what  can  be  considered  a  living  wage,  for  a 
considerable  proportion  of  the  workers  in  that  branch  of 
industry. 

f.  Compulsory. 

g.  No  appeal  on  the  facts  (as  to  what  the  wages  actually  are). 
h.  A  subordinate  body  for  each  occupation  investigated.     This 

body  should  investigate  and  recommend  to  the  board  or 
commission, 
i.  It  should  be  made  up  of  workers,  employers  and  representa- 
tives of  the  public  in  equal  parts.     It  should  aim,  as  far 
as  possible,  at  securing  an  agreement  between  the  em- 


558  Appendix  III 

ployers  and  workers  on  this  sub-commission  as  to  what 
the  minimum  rates  should  be.  In  case  piece  rates  are  to 
be  set  some  such  body  would  seem  to  be  essential.  I 
should  await  recommendations  from  the  board  or  commis- 
sion on  "  j,"  "  k,"  and  "  1  "  as  to  the  subordinate  body. 

George  A.  McKinlock 
In  regard  to  an  agency  by  which  the  minimum  wage  should  be 
established,  I  think  that  it  might  be  done  by  a  commission  made 
up  of  those  interested  in  each  industry  on  which  the  employers, 
workers  and  the  Government  would  be  represented. 

Henry  T.  Noyes 

While  we  believe  in  a  minimum  wage  in  general  we  are  not 
prepared  at  present  to  advocate  any  definite  Government  action 
covering  all  industries. 

Almtis  Olver 

There  should  be  a  board  appointed  with  powers  to  hear  argu- 
ments, fix  wages  and  enforce  obedience  to  its  decrees.  The  de- 
tails of  this  I  have  not  had  time  to  consider  fully  but  briefly 
I  should  say  that: 

a.  The  boayd  should  be  composed  of  a  representative  of  the 

labor  organizations,  a  representative  of  the  manufacturers' 
associations,  a  capable  social  worker,  an  attorney  of  ap- 
proved standing  and  ability  and  such  other  representative 
citizens  as  might  be  deemed  advisable. 

b.  Appointed  by  the  Governor. 

c.  Financed  by  State  appropriation. 

d.  They  should  have  powers  of  subpoena,   administration  of 

oath,  power  to  examine  books  and  such  other  powers  as 
might  make  it  advisable  for  them  to  most  fully  arrive  at 
a  just  conclusion. 

e.  Investigations  should  be  initiated  upon  request  by  petition 

of  a  certain  number  of  workers  in  any  particular  industry. 

f.  It  must  be  made  compulsory. 

g.  There  should  be  no  limitations  to  rules,  except  where  same 

might  conflict  with  established  statutory  restrictions  or 
constitutional  inhibitions, 
h.  I  do  not  deem  a  subordinate  advisory  board  necessary. 


QuESTioNAiRE  ON  Wage  Peoblem  559 

Alfred  E.  Ommen 

I  find  that  the  members  of  the  Typothetse  are  not  in  favor  of 
Governmental  action  fixing  a  minimum  wage. 

Should  it,  however,  be  done,  then  the  answers  to  the  subdivisions 
of  question  7  are  as  follows: 

a.  Two  employers,  two  employees,  one  merchant,  the  latter  not 

interested  in  the  industry  represented. 

b.  Preferably  by  the  organizations  of  employers  and  employees, 

the  fifth  man  to  be  selected  by  both  sides. 

c.  The  manufacturing  and  business  concerns  of  the  State  have 

burdens  enough,  and  if  such  a  proceeding  were  desirable 
then  it  should  be  paid  for  by  the  State. 

d.  e,  f,  g,  h.    The  State  should  not  have  the  right  to  examine 

the  books  and  accounts  of  the  individual,  simply  because 
he  happens  to  be  an  employer.  It  might  just  as  well  ex- 
amine the  wage  earner  as  to  his  manner  of  living  and 
insist  upon  his  living  in  a  different  way  or  spending  his 
money  only  in  a  certain  manner. 

This  whole  proposition  seems  to  be  aimed  at  the  employing 
class  in  favor  of  the  working  class  without  any  reason  for  it.  If 
a  minimum  wage  were  established,  it  should  be  suggestive,  rather 
than  compulsory.  A  compulsory  law  would  necessitate  main- 
taining or  creating  an  expensive  set  of  officials  of  whom  the  State 
seems  to  have  too  many  already.  An  advisory  board  would  not 
be  necessary,  but  if  it  were  established  then  it  should  consist  of 
equal  representatives  of  employers  and  employees. 

In  order  for  such  a  law  to  work  equitably,  it  would  appear  that 
it  should  be  a  national  and  not  a  State  law.  If  there  was  a  mini- 
mum wage  law  in  the  State  of  New  York  compelling  employers 
to  pay  minimum  wages  to  inefficient  employees,  which  minimum 
was,  say  $10  a  week,  while  in  'New  Jersey  and  Connecticut  there 
was  no  such  law,  the  manufacturer  in  the  other  State  could  easily 
undersell  and  underbid  the  manufacturer  in  the  State  of  New 
York  and  produce  his  product  at  less  cost. 

A  great  deal  of  printing  is  now  sent  out  of  New  York  to  other 
parts  of  the  country  because  it  can  be  produced  cheaper  on  account 
of  lower  wages.  Wages  in  the  printing  industry  is  the  most  im- 
portant item  in  the  cost  of  production.  There  never  was  a  time 
when  there  was  less  efficiency  among  workers  than  there  is  to-day. 


560  Appendix  III 

Much  of  this  has  been  caused  by  paternal  legislation,  such  as  this. 
There  seems  to  be  a  tendency  to  destroy  initiative  and  hard  work. 
Our  country  became  prosperous  without  these  laws.  To  pay  a 
young  man  or  young  woman  a  minimum  wage  whether  they  do 
good  work  or  not  will  generally  result  in  their  not  doing  good 
work.  It  puts  a  burden  on  the  man  and  woman  who  have  real 
ability  and  are  willing  and  anxious  to  get  on.  The  wages  of  the 
efficient  will  have  to  come  down  in  order  to  pay  the  wages  of 
the  inefficient.  Under  the  present  system,  many  concerns  in  slack 
times  carry  employees  along  even  though  there  may  be  little  to 
do,  but  under  a  minimum  wage  the  moment  there  was  only  enough 
for  the  efficient  the  inefficient  would  be  thrown  out  of  employment. 

Maurice  Parmelee 

I  am  not  prepared  to  answer  most  of  these  questions  specifi- 
cally. I  would  only  suggest  (in  connection  with  i)  that  an  ad- 
visory or  wage  board  should  invariably  include  one  or  more 
trained  economists  and  sociologists. 

Raymond  V.  Phelan 

a.  A   commission   of  three   members:    representing   employer 

class,  employee  class,  a  State  labor  officer. 

b.  Appointed  by  Governor. 

c.  Appropriation,  actual  expenses  to  commissioners,  a  paid  sec- 

retary. 

d.  All  powers  of  subpoena,  etc. 

e.  Commission  should  make  an  initial  investigation    (prefer- 

ably through  tri-party  wage  boards)  of  each  occupation, 
and  subsequent  investigations  upon  request  of  workers, 
employers,  or  citizens. 

f.  Depends  upon  attitude  of  State's  courts.     Compulsory  where 

feasible,  otherwise  publicity  as  a  penalty.  Publicity  has 
the  peculiar  moral  value  of  throwing  enforcement  upon 
consumers. 

g.  Court  appeal  on  questions  of  law. 

h.  Yes,  subordinate  boards  help  to  facilitate  administration 
and  are  of  marked  educational  value. 

i  and  j.  By  appointment  by  commission  upon  nomination  of 
workers,  employers,  and  the  public,  or  without  such 
nominations  if  they  are  not  forthcoming.  Repre- 
sentatives of  the  public  should  be  comparatively  few 
in  number. 


Question AiBE  on  Wage  Problem  561 

1.  The  public  viewpoint  is  rare  in  the  United  States. 

2.  The  public  viewpoint   is   often   misunderstood   to  be 

pro-worker  in  its  outlook. 
Three  supposed  representatives   of  the   public  on   Min- 
nesota wage  boards  proved  to  represent  the  old,  conserva- 
tive, narrow-minded  eighteenth  century  employer  view- 
point, 
k.  Investigative  and  recommendatory. 

1.  No  compensation  for  members  but  the  use  of  investigators 
and  office  help  to  be  supplied  by  the  commission. 

Harrison  B.  Smith 

I  have  not  sufficient  information  to  suggest  answers  to  these 
questions  except  that  if  Government  proposes  to  intervene  be- 
tween labor  and  capital,  it  must  not  limit  the  benefits  of  its  inter- 
vention to  that  particular  laboring  class  which  happens  to  be 
organized.  This  is  the  danger  which  legislative  bodies  have  not 
seen,  and  which  is  wrecking  the  good  intentions  of  those  who  are 
undertaking  to  solve  these  problems.  I  believe  fully  in  the  organi- 
zation of  labor,  and  I  believe  in  the  governmental  protection  of 
labor,  but  I  do  not  believe  in  the  protection  of  labor  organizations 
as  such. 

Florence  Simms 

a.  A  commission  of  three  or  five  members.     Surely  one  woman 

should  be  on  the  commission,  and  if  possible  she  should  be 
from  a  labor  organization.  The  employers,  the  workers 
and  the  public  should  all  be  represented. 

b.  By  the  Governor. 

c.  By  annual  appropriation. 

d.  All  of  the  authority  mentioned. 

e.  Upon  the  initiative  of  the  commission  or  on  petition  by  out- 

siders. 

f.  It  should  be  compulsory. 

g.  Subordinate   advisory    bodies    such    as    Massachusetts    has, 

would  be  advisable. 

G.  F.  Steele 

An  Industrial  Commission  should  be  created  in  each  and  every 
State,  to  take  complete  charge  of  matters  relating  to  compensa- 
tion insurance,  labor,  and  wages.  Such  a  body  should  be  com- 
posed of  appointees  of  the  Governor  of  the  State,  and  should  not 


562  Appendix  III 

be  more  than  three  in  number.  This  commission  should  be  paid 
an  adequate  salary,  to  attract  high-grade  men  to  this  position. 
They  should  have  full  powers,  as  stated  in  your  question. 

W.  H.  Thompson 

The  legislative  body  should  set  the  wage,  based  upon  recom- 
mendation of  the  commission  making  the  investigations. 

a.  About  the  number  now  on  commissions ;  at  least  three-fourths 

of  them  to  be  selected  from  the  workers  themselves. 

b.  Preferably,  elected  by  the  people. 

c.  By  appropriations  from  the  state  funds. 

d.  Equal  to  that  of  the  highest  courts. 

e.  Common  justice  and  fair  play. 

f.  Yes. 

g.  None. 
h.  No. 

i-j-k.  Not  necessary ;  as  high  as  any  other  commissioners. 

A.  C.  Vandiver 
The  minimum  wage  should  be  established  by  a  quasi-judicial 
body  deriving  its  authority  from  the  State: 

a.  Such  body  should  be  composed  of  seven  persons,  three  of 

them  employers  of  labor,  tiiree,  wage  earners,  and  the 
seventh  a  lawyer  detailed  for  that  purpose  from  the  oflSce 
of  the  Attorney^eneral  of  the  State. 

b.  The  members  of  the  Board  should  be  appointed  for  a  term 

not  less  than  three  years  except  in  the  case  of  the  represen- 
tative from  the  office  of  the  Attorney-General,  who  should 
be  detailed  to  that  Board  by  the  Attorney-General  at  the 
commencement  of  his  term  of  office. 

c.  The  salaries  of  the  Board  and  its  other  expenses  should  be 

paid  by  the  State  out  of  the  General  Tax  Fund. 

d.  The  Board  should  be  vested  with  the  power  to  subpoena  and 

administer  oaths  and  have  the  same  visitatorial  powers  for 
its  lawful  purposes  as  the  State  has  for  other  purposes. 

e.  Investigations  by  the  Board  should  be  initiated  upon  the 

petition  of  either  wage  earners  or  employers  of  labor. 

f.  The  minimum  wage  when  declared  should  be  made  compul- 

sory and  its  observance  secured  by  declaring  void  all  con- 
tracts of  employment  in  violation  of  its  provisions  and 
authorizing  the  maintenance  of  an  action  against  employ- 
ers by  the  employee  to  recover  the  reasonable  value  of  his 


QuESTioNAiRE  ON  Wage  Pkoblem  563 

services,  but  not  less  than  the  minimum  paid.    In  the  case 
of  corporations  the  minimum  paid  might  also  be  enforced 
by  subjecting  the  corporation  to  liability  to  forfeiture  of  its 
charter, 
g.  The  rulings  of  the  Board  should  be  subject  to  review  in  the 
courts  upon  certiorari  only  in  the  event  that  they  unlaw- 
fully deprived  the  employed  of  his  property  or  otherwise 
violated  his  constitutional  rights. 
h.  There  should  not  be  any  subordinate  advisory  body  but  the 
Board  should  have  the  benefit  of  the  advice  of  experts  in 
the  industries  concerning  whose  wages  they  are  to  make 
regulations. 
1.  Members  of  the  Board  should  be  paid  at  the  rate  of 
about  $10,000  per  year. 

Ansley  Wilcox 
As  to  agencies  to  fix  minimum  wages,  I  do  not  believe  it  possi- 
ble to  construct,  or  even  imagine,  any  agencies  which  would  be 
effective  and  safe. 


564  Appendix  III 

Question  No.  8. 

What  effect  would  a  minimum  wage  have  — 

a.  On  the  employer  or  industry  affected  ? 

b.  On  the  workers  affected? 

c.  On  any  particular  classes  of  either  ? 

d.  On  the  liberty  of  action  of  the  workers  ? 

e.  On  the  opportunity  of  obtaining  a  higher  wage  than  the 

minimum  2 

f.  On  the  workers  who  are  inefficient  or  incompetent? 

g.  On  the  regularity  of  employment  ? 

h.  On  the  price  of  the  product  of  the  industry  affected  ? 

N^OTE. —  If  an  employer,  please  state  what  you  believe  would  be 
its  effect  in  your  particular  business,  mentioning  what  that  busi- 
ness is. 

D.  B.  Armstrong 

1  believe  that  the  minimum  wage  tends  to  eliminate  industries 
which  are  existing  because  of  the  fact  that  they  are  able  to  pay 
an  indecent  rate  of  wage.  These  essentially  parasitic  industries 
should  consequently  be  forced  out  of  the  general  field  of  industry. 
In  the  same  way  the  minimum  wage  would  have  the  desired 
effect  of  elevating  the  efficiency  of  the  workman  on  the  whole,  for 
it  tends  to  eliminate  the  inefficient  and  incompetent.  It  removes 
the  unfit  from  competitive  industry;  it  points  the  way  to  the 
necessity  for  State  care  and  responsibility  for  those  unfit;  and, 
above  all  else,  emphasizes  the  desirability  of  proper  training  for 
industry  in  order  to  reduce  the  army  of  the  incompetent.  Be- 
cause of  increased  efficiency,  both  of  the  workers  and  of  industrial 
methods,  the  price  of  the  product  of  the  industry,  it  might  be 
expected,  would  be  reduced,  especially  under  circumstances  which 
would  permit  of  an  adequate  governmental  supervision  over  the 
industry  for  the  determination  of  a  reasonable  distribution  of  the 
profits. 

G.  L.  Amer 

a.  There  would  be  a  tendency  to  eliminate  mechanical  hand 

processes  now  done  by  cheap  labor  and  to  substitute 
machinery.  Prices  of  the  product  might  be  increased  to 
pay  any  increased  cost  of  labor. 

b.  The  minimum  wage  will  throw  out  of  employment  many  of 

the  lowest  paid  workers  and  it  will  be  necessary  to  find 


QuESTiONAiKE  ON  Wage  Problem  565 

other  means  for  their  support.  The  cost  of  the  increase, 
if  any,  in  the  total  sum  paid  in  wages  would  eventually 
be  borne  by  the  consumer.  The  greatest  advantage  should 
come  through  the  elimination  of  the  lowest  paid  class  of 
child  and  woman  labor.  The  more  efficient  adult  work- 
ers, relieved  of  the  competition  of  their  wives  and  children 
would  command  larger  wages,  leaving  the  family  income 
as  great  as  at  present,  with  much  more  desirable  conditions 
of  life. 

d.  By  being  put  in  a  stronger  position  economically,  the  laborer 

would  tend  to  gain  greater  liberty  of  action. 

e.  There  might  be  a  levelling  tendency,  at  first  at  least  —  a  ten- 

dency to  cut  out  the  higher  paid  workers  in  order  to  make 
up  for  the  greater  sums  necessarily  paid  to  the  lower  paid 
employees,  but  in  the  long  run  I  do  not  anticipate  much 
change  in  this  regard. 

f.  If  a  worker  cannot  produce  enough  to  pay  his  wage  and  a 

certain  amount  of  profit  he  will  be  thrown  upon  public 
charity. 

g.  It  should  tend  to  make  employment  more  regiilar  by  elimi- 

nating a  large  part  of  the  reserve  labor  army  of  relative 
incompetents  who  are  pushed  into  service  now  in  boom 
times,  and  who  make  possible  the  production  of  more  than 
the  consumers  are  able  to  buy,  thereby  preparing  the  way 
for  a  business  depression, 
h.  The  price  of  the  product  might  be  increased  in  some  cases. 

Lloyd  V.  Ballard 

The  first  effects  of  a  minimum  wage  would  doubtless  be  a  reduc- 
tion of  the  profits  of  the  employer  (this  would  probably  be  only 
temporary),  and  a  curtailment  of  industry  (this  would  probably 
be  more  permanent). 

The  number  of  workers  employed  would  be  very  materially 
reduced  and  the  average  skill  of  the  employees  greatly  increased. 

Some  employers,  particularly  those  employing  a  large  force  of 
cheap  or  unskilled  labor,  would  be  forced  into  bankruptcy.  Large 
quantities  of  cheap  labor  would  be  forced  out  of  employment  until 
such  time  as  they  became  skilled  enough  to  earn  the  minimum 
wage.  The  liberty  of  the  action  of  the  workers  would  be  affected 
to  this  extent,  although  employers  would,  in  many  cases,  obviate 
the  aim  and  purpose  of  the  law  by  refusing  to  recognize  increased 
skill  (limited  supply  of  such  skilled  labor  would  tend  to  offset  this 


566  Appendix  III 

tendency,  however),  or  by  refusing  to  pay  more  than  the  minimum 
wage  to  a  large  body  of  workers  who  might  be  worth  something 
more  to  the  employer. 

Inefficient  workers  would  be  thrown  out  of  employment  with 
no  means  of  making  themselves  more  competent  in  order  that  they 
might  earn  the  minimum  wage. 

The  establishment  of  a  minimum  wage  would  have  no  effect  on 
the  regularity  of  employment,  for  the  quantity  of  employment 
depends  upon  the  nature  of  the  industry  and  the  quantity  of 
business  to  be  done  at  any  particular  time.  This  latter,  particu- 
larly, can  not  be  regulated  by  laws  imposed  by  any  body  of  men. 

In  regard  to  the  effect  of  a  minimum  wage  on  the  price  of  the 
product,  there  can  be  but  one  answer.  Such  a  wage  cannot  fail 
to  raise  the  price  of  the  product  since  it  necessarily  increases  the 
cost,  both  actual  and  potential,  of  producing  that  product.  It  is 
true  that  the  product  itself  would  probably  be  of  a  better  grade 
eventually,  if  not  immediately,  but  even  then  a  higher  price 
would  be  charged  for  this  better  grade  of  product. 

It  is  also  often  argued  that  the  worker  would  have  more  with 
which  to  purchase  these  article  of  higher  grade  and  cost.  But  if 
prices  increase  with  wages  it  is  evident  that  the  worker  is  no 
better  off.  Indeed,  statistics  seem  to  indicate,  to  the  extent  which 
they  actually  do  indicate,  the  trend  of  economic  movements,  that 
prices  increase  at  a  greater  rate  than  wages,  i.  e.,  that  wages  do 
not  increase  proportionally  with  prices,  but  lag  behind  rather 
persistently. 

L.  Bamet 

This  would  depend  entirely  on  whether  its  initial  effect  would 
be  to  increase  the  wage  of  the  inefficient  or  incompetent,  or  to 
eliminate  them  from  the  particular  industries  in  question  and 
merely  pay  the  higher  wage  to  the  worker  worthy  of  it.  In  the 
first  case  it  would  naturally  increase  the  price  of  merchandise; 
in  the  second,  it  would  not. 

Another  danger  of  the  minimum  wage  by  law  would  be  that  it 
would  tend  to  be  a  maximum. 

We  do  not  see  that  it  would  have  any  effect  on  the  liberty  of 
action  of  the  workers. 

Its  effect  on  the  regularity  of  employment  would  be  hard  to 
define  in  advance. 


Question  AIRE  on  Wage  Problem  567 

Gertrude  Bamum 

a.  Better  management. 
Better  service. 

b.  Conditions  and  character  improved. 

c.  Give  non-liberty. 

d.  As  good  or  better. 

e.  Kept  in  training  longer. 

f.  No  special  effect. 

g.  Very  little  if  any  effect. 

George  Gordon  Battle 

a.  It  would  not  seriously  affect  any  properly-administered  in- 

dustry. If  the  conditions  in  any  industry  are  so  unfavor- 
able, or  if  it  is  so  badly  managed  that  it  cannot  afford  to 
pay  a  reasonable  wage,  then  it  should  go  out  of  existence. 

b.  The  effect  on  the  workers  would  be,  in  my  opinion,  benefi- 

cial; it  would  give  them  self-respect  and  would  enable 
them  to  live  decently. 

c.  As  to  the  particular  classes  of  employers  or  workers,  I  have 

nothing  to  add  to  what  I  have  said. 

d.  I  do  not  see  that  minimum  wages  would  affect  the  liberty  of 

action  of  the  workers.  A  man  would  not  be  required  to 
work  for  the  minimum  wage ;  he  could  take  it  or  leave  it. 

e.  As  to  the  opportunity  of  obtaining  a  higher  wage  than  the 

minimum,  I  believe  the  tendency  would  be  (and  particu- 
larly at  first)  to  diminish  that  opportunity.  It  would  not, 
of  course,  destroy  it.  A  man  will  always,  by  efficiency 
and  zeal,  secure  more  than  the  average  wage,  if  he  has 
the  ability  and  the  desire.  I  do  not  think  that  the  estab- 
lishment of  a  minimum  wage  would  greatly  or  perma- 
nently affect  the  opportunity  for  obtaining  higher  wages. 

f.  The  effect  of  a  minimum  wage  on  workers  who  are  inefficient 

or  incompetent  might  be  at  first  to  protect  them,  but  in- 
efficiency and  incompetency  would  be  a  cause  for  dis- 
charge. I  believe  it  is  better  to  discharge  a  man  outright 
than  to  starve  him  by  insufficient  wages. 

g.  As  to  the  regularity  of  employment  I  believe  the  effect  would 

■  be  to  make  employment  more  regular  in  many  industries. 
At  the  present  time  very  high  wages  are  paid  in  busy  in- 
dustries, and  very  low  wages  in  periods  of  dullness.  A 
reasonable  minimum  wage  would  have  a  tendency  to  make 
employment  more  regular ;  but  I  realize  that  we  are  here 
touching  on  the  great  question  as  to  seasonal  employment, 
which  is  too  vast  to  attempt  to  discuss  in  this  paper. 


568  Appendix  III 

h.  As  to  the  prices  of  the  product  of  the  industry  affected,  I  do 
not  believe  it  would  make  much  difference.  In  some  in- 
stances there  might  be  an  increase  in  prices  and  in  others 
a  diminution,  but,  in  general,  I  do  not  think  there  would 
be  any  marked  change. 

Emma  B.  Beard 

Minimum  wage  legislation  in  this  country  is  too  recent  to 
furnish  replies  to  these  questions.  England  and  Australia  alone 
have  had  sufficient  experience.  Appendix  3  of  your  third  report 
gives  the  latest  word  from  these  countries,  and  seems  to  satis- 
factorily answer  these  questions  in  favor  of  a  minimum  wage. 

Hohnes  Beckwith 
The  effect  of  a  minimum  wage  on: 

a.  Employer,     It  would  weed  out  the  inefficient,  and  force  the 

employment  of  only  good  grades  of  workers.  In  some 
cases,  where  ignorance  of  employees  or  other  cause  had 
permitted  the  payment  of  less  than  the  value  of  services, 
and  such  value  equalled  the  minimum  established,  the 
same  workers  might  be  retained  at  a  higher  wage.  This 
would  be,  I  believe,  exceptional. 

b.  Workers.     Those  who  were  worth  the  minimum  would  con- 

tinue as  before;  those  not  worth  it  would  be  unemployed, 
and  probably  suffer  until  society  in  some  way  (see  answer 
to  5)  helped  them.  Decreasing  the  force  of  workers  avail- 
able would  probably  raise  wages  somewhat,  by  raising 
value  of  service.  This  rise  would  probably  be  slight,  but 
could  not  be  prophesied, 
e.  See  5,  above. 

d.  Liberty  of  action  of  workers.     For  those  able  to  earn  the 

minimum,  I  do  not  see  that  this  would  be  affected.  For 
those  unable,  their  immediate  freedom  would  be  curtailed, 
and  suffering  result,  till  society  aided  them.  If  society 
did  aid  them,  as  by  training  them  in  state  vocational 
schools  till  they  could  earn  the  minimum,  they  would  gain 
in  earning  and  producing  power  and  in  freedom  of  action, 
in  the  long  run. 

e.  If  competition  were  perfect,  I  do  not  see  how  the  opportunity 

to  secure  more  than  the  minimum  wage,  for  those  whose 
services  were  worth  more,  would  be  affected.     As  it  is. 


QUESTIONAIKE    ON    WaGE    PkOBLEM  569 

though,  the  roughness  with  which  the  value  of  services  is 
measured  often  by  employers  would  probably  prevent 
those  worth  but  little  more  than  the  minimum  from  secur- 
ing any  more. 

I  do  not  see  how  regularity  of  employment  would  be  affected 
greatly.  In  some  cases  the  laws  might  increase  irregu- 
larity, by  limiting  to  rush  seasons  the  times  when  many 
workers  could  earn  the  minimum. 

So  far  as  the  minimum  wage  decreased  the  number  of  work- 
ers available  for  any  industry,  the  tendency  would  be  both 
to  raise  the  wage  for  that  industry,  even  permitting  some 
who  were  not  worth  quite  the  minimum  before  the  change, 
to  later  be  worth  it,  and  also  to  increase  the  price  of  the 
product.  This,  I  believe,  would  not  probably  be  of  great 
importance,  especially  as  the  supply  of  workers  available 
would  be  as  great  as  ever  and  the  efficiency  of  some 
greater,  in  case  the  public  educated  the  unfit  to  efficiency. 
I  do  not  believe,  with  many  critics,  that  the  added  costs 
of  a  higher  wage  would  be  readily  and  directly  shifted  to 
the  consumer,  practically  in  toto. 


Harry  Best 

a.  In  some  cases  the  employer  might  have  to  close  the  business, 

or  leave  the  state.  In  most  cases,  however,  by  a  re- 
arrangement of  his  business  he  would  not  be  injured.  Bet- 
ter work  would  most  probably  result,  to  compensate  in 
greater  or  lesser  degree  for  the  increased  wage.  Para- 
sitic industries  might  well  drop  out.  In  certain  cases  the 
increased  expenses  could  be  passed  on  to  the  public  in 
higher  charges. 

b.  Generally  beneficial. 

c.  Certain  employees  would  be  injured,  no  doubt,  as  we  have 

noticed ;  but  they  constitute  a  minority.  Certain  workers 
might  be  thrown  out  of  employment,  but  not  necessarily 
a  great  number.  A  minimum  wage  law  should  only  go 
hand  in  hand  with  better  trade  training. 

d.  Of  no  great  consequence. 

e.  Experience  elsewhere,  I  think,  has  shown  that  the  minimum 

wage  need  not  become  the  maximum. 

f.  See  "  c  "  above. 

g.  Only  in  some  lines, 
h.  See  "  a  "  above. 


670  Appendix  III 

E.  W.  Bloomingdale 

a.  It  would  require  a  readjustment  of  all  wages,  and  hence  of 

gross  profits. 

b.  Starting  at  a  fictitious  wage,  advancement  would  be  more 

slow,  with  the  consequent  discouragement  to  the  worker. 

c.  I  assume  the  worker  out  of  a  job  would  not  be  permitted  to 

offer  to  take  a  lower  wage  for  fear  of  displacing  one  al- 
ready employed. 

e.  Only  those  who  had  demonstrated  a  special  capability  could 

expect  to  receive  higher  than  a  minimum  wage. 

f.  The  inefficient  and  incompetent,  and  many  on  the  border 

line,  would  fall  by  the  wayside.  No  one  would  willingly 
employ  the  incapable  at  the  same  wage  of  those  more 
useful. 

g.  Employment  in  business  would  become  as  it  is  in  the  trades. 

Those  who  could  be  replaced  would  be  laid  off  in  the  dull 
season,  or  between  seasons, 
h.  Whatever  is  added  to  the  expense  of  conducting  a  business 
is  very  naturally  added  to  tiie  price  of  the  commodity  sold. 
This  advance  in  price,  if  general,  would  create  a  vicious 
circle  —  the  price  of  commodities  going  up  would  again 
raise  the  cost  of  living,  so  that  to  reach  the  desired  stand- 
ard the  minimum  wage  would  have  to  be  increased. 

/.  L.  Burritt 
So  far  as  it  pertains  to  our  own  industry  we  cannot  see  that 
it  would  make  any  difference.  It  would,  however,  result  in  a 
dismissal  of  a  number  of  the  less  effixjient  employees  who  are  now 
receiving  somewhat  more  than  they  actually  earn,  but  to  whom 
we  could  not  possibly  afford  to  pay  larger  wages.  So  far  as  it 
pertains  to  industries  in  general  we  believe  that  a  minimum  wage 
would  be  injurious  to  the  workers  by  throwing  out  of  employment 
cripples,  aged  persons  and  a  large  number  of  able  bodied  per- 
sons who  for  inherent  reasons  cannot  reach  an  average  efficiency 
and  it  is,  no  doubt,  true  that  with  many  employers  it  would  tend 
to  keep  wages  down  to  the  minimum  or  near  the  minimum.  In 
the  case  of  employers  who  take  an  active  interest  in  the  welfare 
of  their  employees  under  the  present  conditions  the  establish- 
ment of  a  minimum  rate  of  wage  would,  no  doubt,  reduce  their 
interest  in  the  welfare  of  their  employees.  Some  of  them  would 
feel  that  they  were  doing  their  full  duty  when  they  complied  with 


Question  AIRE  on  Wage  Problem  571 

all  the  requirements  of  a  law  which  had  intervened  between  them 
and  their  employees.  We  are  inclined  to  think  that  it  would,  to 
some  extent,  have  this  effect  on  ourselves. 

As  regards  prices  of  the  product  we  doubt  its  having  any 
effect. 

Charles  L.  Chute 

Upon  the  employer:  It  would  encourage  the  efficient  employer 
and  drive  the  inefficient  out  of  business.  Upon  tUe  worker:  It 
will  raise  the  standard  of  living  and  increase  the  self-respect. 
It  should  not  be  too  rigid.  I  see  no  reason  why  it  should  tend 
to  become  a  maximum  wage.  Special  exceptions,  as  in  England, 
must  be  made  for  some  who  are  handicapped,  so  that  they  should 
be  able  to  find  work  and  should  be  paid  only  what  they  are  worth. 

Victor  S.  Clark 

a.  If  properly  enforced,  negative. 

b.  Valuable  in  preventing  sweating,  oppression  of  individual 

workers,  competition  of  pin  money  workers,  and  wages 
below  the  subsistence  level. 

c.  No  particular  answer. 

d.  Negative. 

e.  In  practice,  I  have  observed  no  tendency  to  prevent  the  pay- 

ment of  higher  wages  than  the  minimum  to  specially  com- 
petent employees. 

f.  These  workers  are  a  problem  regardless  of  Governmental 

regulation.  The  minimum  wage  does  not  solve  that  prob- 
lem. Probably  it  must  be  met  by  industrial  training, 
apprenticeship,  and  possibly  in  a  degree  by  pensions  in 
old  age.  Where  minimum  wage  regulations  also  insure 
proper  apprenticeship,  the  number  of  these  workers  is  re- 
duced. 

g.  Negative. 

h.  The  tendency  is  to  increase  prices. 

Miles  M.  Dawson 
I  do  not  believe  that  in  most  cases  the  establishment  of  a 
minimum  wage  would  have  any  serious  effect  upon  the  employers 
or  industries  affected,  but  this  might,  perhaps,  not  be  the  case 
in  a  few  instances  where  pretty  much  the  entire  range  of  wages 
paid  has  been  below  the  living  point.     I  am  of  the  opinion  that 


572  Appendix  III 

as  regards  the  workers,  it  would  affect  them  only  favorably,  and 
that  there  is  nothing  in  the  statement  that  it  would  result  in  any 
large  number  of  them  being  discharged  entirely  and  left  with- 
out work.  I  think  that  the  fixing  of  a  minimum  wage  would,  by 
rendering  the  workmen  less  helpless,  greatly  encourage  their 
organization  and  thus  help  to  sustain  what  they  had  gained  by 
legislation  and  to  cause  the  law  to  be  enforced ;  and  that  through 
such  organization  they  would  have  a  superior  chance  of  obtaining 
higher  wages  than  the  minimum,  and  indeed  adequate  wages  for 
the  work  done.  I  do  not  think  that  the  fixing  of  a  minimum 
wage  will  have  any  effect  whatever  upon  the  employment  of  work- 
men who  are  inefiicient  or  incompetent.  Such  are  employed 
when,  at  all,  merely  because  better  workmen  cannot  be  had  at 
the  time.  The  minimum  wage  would  also  not  affect  regularity 
of  employment.  The  same  amount  of  work  would  still  need  to  be 
done  and  there  would  not  be  any  material  change  in  that  regard. 
In  the  cases  of  many  employers  of  workmen  at  wages  under  the 
living  point,  the  fixing  of  a  minimum  wage  would  not  affect 
the  price  of  the  product  to  the  consumer  at  all.  This  would  be 
true,  for  instance,  as  regards  the  department  stores  where  the 
margins  are  large  and  competition  would  prevent  any  increase 
in  prices.  In  the  cases  of  some  classes  of  manufacture  where 
women  and  children  are  employed  and  practically  all  the  wages 
paid  are  below  the  living  point,  it  might  be  that  the  prices  of  the 
products  would  be  somewhat  increased,  but  in  such  cases  they 
should  be  increased,  if  necessary,  because  we,  who  compose  the 
great  consuming  public,  ought  not  to  be  willing  to  obtain  products 
or  services  at  a  cost  which  leaves  the  workmen  without  compensa- 
tion sufficient  for  bare  maintenance. 


Elizabeth  Dutcher 

a.  Would  force  him  to  train  his  employees,  both  in  the  use  of 

their  brains  and  hands. 

b.  Would  be  an  unmixed  good  for  everyone  (see  6). 

d.  Cannot  see  how  it  would  in  any  way  infringe  liberty  of 

action. 

e.  See  answer  to  Question  6. 

f.  See  answer  to  Question  6. 


QUESTIONAIEE    ON    WaGE    PkOBLEM  573 

g.  E.  H.  Tawney,  "  Miuimum  Wage  in  the  Cbainmaking  In- 
dustry "  (London,  G.  Bell  &  Son,  1914,  p.  65),  shows  that 
it  standardizes  the  trade,  and  makes  employment  more 
regular. 

h.  Might  possibly  raise  price  of  product,  though  not  necessarily, 
for  cheap  labor  is  dear  labor.  If  it  raised  prices,  the  body 
of  consumers  would  merely  be  paying  a  fair  price  for  that 
which  they  had  been  paying  too  little  for  for  a  long  while. 

George  Eastman 

a.  The  effect  of  the  establishment  of  a  minimum  wage  on  the 

employer  or  industry  would  not  be  detrimental  unless 
there  was  some  discrimination  which  put  one  employer  or 
industry  at  a  disadvantage  with  another. 

b.  As  to  the  workers,  the  immediate  effect  would  only  be  upon 

those  who  would  obtain  increased  wages. 

c.  Answer  included  in  "  f." 

d.  I  cannot  see  that  it  would  affect  the  liberty  of  action  of  the 

workers. 

e.  There  might  be  some  effect  on  the  average  worker  caused  by 

employers  using  the  argument  that  the  minimum  was 
enough.     This  I  consider  remote. 

f .  Workers  who  proved  unable  to  really  earn  the  wage  would  be 

discriminated  against  by  employers. 

g.  The  regularity  of  employment  of  inefficient  workers  would 

be  lessened, 
h.  Any  increase  in  cost  must  eventually  finds  its  way  into  the 
price  of  the  product. 

I  am  unreservedly  of  the  opinion  that  the  only  way  to  increase 
wages,  or  the  purchasing  power  of  wages  which  is  practically  the 
same  thing,  is  to  increase  the  efficiency  of  the  worker.  This  can 
be  done  through  education,  the  better  organization  of  industries, 
a  better  distribution  of  labor,  and  the  further  introduction  of 
machinery.  This  latter  has  been  carried  so  far,  however,  in 
many  industries  that  little  further  advance  can  be  expected. 
What  little  advance  is  made  in  the  future  in  this  direction  is 
likely  to  be  largely  offset  by  the  present  tendency  to  inefficiency 
in  the  individual  unless  it  can  be  checked  by  education. 

The  establishment  of  a  minimum  wage  would  not  affect  the 
industry  with  which  I  am  connected  because  we  have  few,  if  any, 
employees  to  whom  it  would  apply. 


574  Appendix  III 

Sarah  Elhus 

a.  The  result  would  be  dissatisfaction  on  the  part  of  the  em- 

ployer. 

b.  Laziness  and  indifference  on  the  part  of  the  worker. 

e.  The  lack  of  ambition. 

f.  Inefficiency  would  lose  positions  at  once. 

h.  The  price  of  the  product  would  be  increased. 

Eliza  P.  Evans 

No  effect  in  most  instances. 

Where  an  industry  depends  for  any  profits  upon  its  ability  to 
hire  cheap  labor  the  industry  might  be  forced  out  of  business, 
but  not  necessarily. 

It  may  tend  to  a  loss  of  effort  on  the  part  of  the  individual 
but  this  has  not  proved  to  be  the  effect  in  some  of  our  industries 
where  the  employer  has  voluntarily  adopted  a  minimum  wage. 
Women  are  not  organized  to  any  extent  in  this  state  (Minnesota). 

It  will  for6e  them  out  of  employment  in  many  instances  tem- 
porarily, but  on  the  other  hand  will  force  these  same  persons  to 
better  their  own  condition,  will  force  the  issue  of  vocational  and 
industrial  and  vacation  schools  and  acquaint  the  public  with  the 
great  need  for  such  education. 

Will  tend  to  force  employers  to  try  and  make  their  work  less 
seasonal  for  they  will  want  to  retain  good  help. 

The  employers  will  shift  the  increase  in  wages  onto  the  public 
as  far  as  possible  and  it  remains  for  some  one  to  lind  a  way  to 
keep  the  employer  from  doing  this  where  his  profits  are  such  as 
to  enable  him  to  stand  the  increase.  jMore  attention  to  details 
and  efficiency  would  pay  for  the  increase  in  wages  in  most 
industries.  Business  efficiency  is  an  unexplored  field  in  most 
industries  in  this  .State,  that  is  the  problem  of  one  well-paid 
worker  doing  the  work  of  two  poorly  paid  workers. 

C.  E.   Gardiner 

It  is  only  where  existing  conditions  ai^e  very  bad  that  advan- 
tage might  be  secured.  It  is  only  to  lift  an  employment  out  of 
such  conditions  that  the  proposal  would  be  advisable.  Where 
conditions   are  passable,   and  capable  of   improvement  by  free 


QuESTioNAiKE  ON  Wage  Pkoblem  575 

action   of  combination   and  competition,   the  answer  to  all  the 
above  questions  would  be  adverse. 

F.^  H.  Gilson 

e.  f .  If  the  minimum  wage  is  a  minimum  piece  work  price  or 
equivalent,  I  can  see  no  detriment. 

g.  I  do  not  see  how  employment  can  be  guaranteed  to  any  per- 
son. Being  out  of  employment  is  a  matter  which  is  not 
necessarily  connected  with  the  minimum  wage ;  it  is  a  dif- 
ferent subject. 

h.  Better  wages  for  employees  cannot  help  but  increase  the 
price  of  the  product,  and  when  the  product  is  consumed 
by  the  working  people,  it  goes  far  toward  offsetting  any 
advantage  which  they  may  get  in  increased  wages.  The 
minimum  wage  alone  will  not  accomplish  what  its  advo- 
cates are  seeking.  ISTothing  but  the  desire  of  all  persons 
to  give  a  square  deal  to  all  those  with  whom  they  deal  will 
get  the  more  equal  distribution  of  the  products  of  labor 
which'  are  now  sought. 

William  P.  Gone 

a.  The  employer  or  business  would  not  be  affected  materially 

until  the  minimum  was  raised  ^o  high  as  to  affect  the 
great  bulk  of  his  employees  —  those  he  could  not  discharge 
and  still  continue  in  business.  In  that  case  his  costs 
would  be  increased  and  the  vajue  of  business  reduced, 
especially,  of  course,  when  it  was  a  business  in  which  there 
was  competition  with  places  not  subject  to  the  law. 

b.  The  workers  affected  would  suffer  the  most,  as  in  the  case 

of  the  less  efficient  onqs,  they  would  lose  their  right  or 
privilege  to  support  themselves,  and  in  the  case  of  the 
better  workmen,  they  would  be  likely  to  suffer  somewhat, 
if  the  occupation  in  which  they  were  proficient  was 
crippled. 

d.  I  cannot  see  that  there  would  be  any  effect  on  the  liberty  of 

action  of  those  who  continued  to  work. 

e.  I  do  not  believe  that  the  law  would  tend  to  reduce  the  wages 

of  efficient  workers  to  the  minimum  prescribed  by  law. 
g.  Workmen  would  tend  to  have  more  regular  employment  in  so 
far  as  the  necessity  of  getting  more  efficient  workers  would 
be  increased.  jOf  course  there  might  be  some  difficulty 
about  employing  people  in  slack  season  at  reduced  rates, 
which  would  have  a  contrary  tendency. 

) 


576  Appendix  III 

h.  If  the  law  could  be  made  drastic  enough  to  accomplish  a 
general  increase  in  wages  in  any  industry,  it  would,  of 
course,  increase  the  price  of  the  article  produced. 

On  the  particular  business  in  which  I  am  now  engaged,  the 
wages  paid  directly  by  us  form  such  a  small  proportion  to  the 
business  conducted  that  we  are  able  without  serious  loss  to  pay 
somewhat  over  the  prevailing  rates,  and  in  the  case  of  the  few 
very  inefficient  people  employed,  we  would  perhaps  hesitate  to 
discharge  them,  even  if  the  law  required  us  to  pay  them  some- 
what more  than  they  are  at  present  receiving. 

Bolton  Hall 

a.  A  minimum  wage  would  have  little  effect,  if  any,  upon  the 

employer  or  industry  if  it  he  universal.  It  would  be  a 
means  of  operation  to  the  extent  that  it  is  local  or  dis- 
criminatory. 

b.  The  same  thing  is  true  about  the  workers.     I  am  a  consider- 

able land  owner  and  if  you  will  establish  a  minimum 
wage  in  Plainfield,  N.  J.,  or  in  Berkeley  Heights,  where  I 
own  a  good  deal  of  property,  and  it  does  the  workers  any 
good,  I  shall  certainly  raise  their  rents.  If  it  does  them 
good  and  makes  it  a  more  desirable  place  to  live  in,  why 
of  course  it  is  worth  more  to  live  in,  and  I  being  the  owner 
of  it  will  get  the  main  benefit. 

c.  Of  course  if  we  have  to  pay  women  more  than  we  think  they 

are  worth  and  can  get  men  for  that  same  price,  other 
things  being  equal,  we  will  prefer  men,  because  a  man 
ordinarily  expects  to  make  his  job  his  life  work,  and 
women  ordinarily  expect  to  work  until  they  get  married ; 
and  further,  there  are  certain  physical  traits  in  the  woman 
that  make  her  somewhat  less  dependable  as  a  steady  and 
vigorous  worker.  In  addition,  it  may  be  said  that  the 
fact  that  women  have  had  less  liberty  and  more  codling 
than  men  has  made  them,  as  a  rule,  somewhat  less  de- 
pendable. 

d-e.  I  think  the  effect  on  the  liberty  of  the  action  of  the 
workers  and  the  opportunity  of  obtaining  a  higher  wage 
is  insignificant. 

f.  It  seems  to  me  clear  that  a  minimum  wage  will  throw  out 
all  who  are  inefficient  or  incompetent.  ^Vhy  should  I 
give  two  dollars  a  day  to  a  laborer  who  has  only  one  leg 
when  I  can  get  a  laborer  with  two  legs  for  the  same  price  ? 


QuESTioNAiRE  ON  Wage  Prorle:m  577 

g.  Naturally  if  I  have  to  pay  more  than  the  employee  is  worth, 
I  would  try  to  speed  him  up  and  get  six  days  work  done 
in  five  and  lay  him  off  on  the  sixth. 

h.  It  might  add  slightly  to  the  price  of  the  products  of  the  in- 
dustry affected,  but  that  would  be  of  no  account  were  the 
thing  universal,  and  would  in  my  judginent  be  insig- 
nificant anyhow. 

I  employ  only  clerks:  I  do  not  see  that  the  minimum  wage 
will  have  any  effect  in  my  business. 


W.  R.  Heath 

a.  After  the  industry  had  adjusted  itself  to  new  conditions,  it 

would  have  no  effect  at  all. 

b.  In  my  judgment  the  ratio  of  the  total  amount  of  wages  paid 

to  the  total  number  of  workers  employed  would  not  be 
materially  changed. 

c.  Assuming  that  there  were  no  more  workers,  efficient  and 

otherwise,  than  was  necessary  to  suit  the  demands  of  in- 
dustry, all  would  be  employed,  but  the  tendency  would 
be  to  compel  the  efficient  to  contribute  to  the  loss  suffered 
by  the  industry  on  account  of  the  inefficient. 

d.  Every  worker  has  a  commodity  for  sale  to  the  industry.     If 

he  must  find  a  market  and  deliver  specific  goods  he  will 
be  alert  and  active.  If  his  goods  are  already  sold  for  him 
at  a  specified  price,  he  will  tend  to  be  inactive  and  less 
careful  of  the  quality  of  goods  delivered. 

e.  If  an  employer  was  obliged  to  pay  $9  for  what  was  really 

worth  only  $8,  the  inevitable  tendency  will  be  when  he  is 
left  to  his  own  resources  to  continue  to  pay  $9  for  what  has 
become  worth  $10  until  he  has  recouped  his  loss.  On  the 
other  hand,  there  are  a  very  large  number  of  people  who 
are  content  to  live  without  great  exertion  if  possible, 
and  if  the  minimum  wage  is  easy  to  secure  and  an  ad- 
vance on  the  minimum  wage  is  comparatively  hard,  many 
will  be  content  with  the  minimum  wage. 

f.  Under  a  minimum  wage  it  is  my  judgment  that  there  will  be 

more  inefficient  and  incompetent  seeking  employment  than 
there  would  be  without  a  minimum  wage.  The  tendency 
will  be  to  spur  the  industry  to  adopt  efficiency  methods 
to  secure  a  larger  output,  thereby  requiring  less  em- 
ployees. Of  course  the  inefficient  and  incompetent  under 
such  circumstances  will  be  the  first  to  suffer. 
Vol.  1  —  19 


678  Appendix  III 

g.  Employment  will  be  less  regular  and  the  irregularities  will 
effect  the  workers  in  the  order  of  their  inefficiency  and  in- 
competency. 

h.  It  is  my  judgment  that  the  cost  of  production  will  not  be 
materially  increased,  in  which  case  the  price  of  the 
product  will  not  be  increased.  Of  course  if  the  cost  of 
production  is  increased  the  price  will  increase.  There 
would,  of  course,  be  a  tendency  toward  stiffening  prices 
by  reason  of  the  opportunity  offered  even  though  cost  of 
production  were  not  increased,  although  this  is  perhaps 
not  important. 

This  company  employs  inexperienced  girls  and  boys  of  lawful 
age,  apprentices,  at  $6  per  week.  (The  young  employees  some- 
times at  $5  per  week  for  the  first  month.  If  they  are  retained 
they  are  advanced  to  $6  per  week.)  They  are  thereafter  ad- 
vanced as  they  become  proficient  in  their  work  and  can  readily 
with  reasonable  application  and  industry  secure  $8  and  $9  per 
week.  This  is  in  the  office.  In  the  factory  the  basic  salary  is 
$6  per  week  with  bonuses  for  efficiency.  Common  labor  is  paid 
$12  a  week. 

The  office  works  47^^  hours  per  week  39  weeks  of  the  year  and 
44  hours  per  week  13  weeks  of  the  year.  The  factory  works  503^ 
hours.  Both  factory  and  office  are  closed  Saturday  afternoon 
the  year  round.  In  my  judgment  a  minimum  wage  law  would 
not  affect  this  company. 


E.  D.  Howard 
Any  discussion  of  the  social  effect  of  a  minimum  wage  can 
only  be  considered  in  connection  with  the  responsibility  of  the 
State  for  a  disposition  of  the  weaker  or  relatively  incompetent 
worker.  Any  minimum  wage  should  apply  over  the  whole  com- 
petitive territory  in  order  not  to  put  one  particular  group  of 
employers  at  a  disadvantage  in  competition.  Whenever  competi- 
tion fails,  there  is  a  monopol}'^,  and  to  that  extent  does  a  mini- 
mum wage  become  inadvisable.  A  rational  minimum  wage 
must  also  be  administered  by  a  commission,  or  somebody  having 
power  to   adapt  it  to  the  conditions  as  they  change.     A   rigid 


QUESTIONAIRE    ON    WaGE    PrOBEEM  579 

minimum  wage  law  is  likely  to  iujiire  tlie  very  people  whom  it 
is  desired  to  benefit. 

In  our  particular  establishment,  we  should  be  very  glad  in- 
deed to  have  a  minimum  wage  for  tailoring  which  applied  to  all 
the  principal  markets  of  the  country.  Almost  any  employer 
would  be  glad  to  increase  wages  materially  if  his  competitor  were 
required  to  do  the  same  thing. 

Howard  C.  Hapson 
It  is  impossible  to  make  a  complete  answer  to  No.  8  within  the 
time  and  space  permitted,  but  in  my  opinion  the  establishment  of 
a  minimum  wage  would  throw  as  charges  upon  the  community 
all  the  less  efficient  workers  and  tend  to  encourage  mediocrity  and 
ineffixsiency.  While  every  effort  should  be  made  to  improve  in- 
efficient and  dependent  members  of  society  as  much  as  possible, 
I  do  not  believe  that  the  benefits  of  the  survival  of  the  fittest 
should  be  entirely  swept  away  by  making  the  inefficient  a  dead 
burden  upon  the  efficient.  The  effect  of  the  minimum  wage 
will  be  to  reduce  the  wages  of  the  more  efficient,  to  raise  the 
wages  of  the  less  efficient  with  an  added  burden  on  those  who  are 
employed  of  entirely  supporting  such  as  are  unable  under  any 
condition  to  secure  the  minimum  wage.  In  other  words,  it  will 
result  in  a  leveling  process  which  has  already  gained  a  very 
undesirable  foothold  in  certain  highly  organized  building  trades. 

Belle  Lindner  Israels 

g.  Tends  to  promote  irregularity. 

h.  Negligible  in  garment  industries  if  wage  is  fairly  fixed  on 
economically  sound  basis. 

W.  T.  Jachman 

a.  It  would  put  on  a  sound  basis  those  establishments  which  can 

pay  a  living  wage,  and  eliminate  those  which  cannot,  those 
which  now  are  parasitic. 

b.  It  would  assure  them  a  living  wage  with  "  reasonable  "  com- 

fort, 
d.  The  right  of  contract,  either  as  an  individual  or  a  group, 
would  usually  be  curtailed,  except  in  the  case  of  those  who 
were  especially  skillful,  and  who  would,  therefore,  have 
the  advantage  of  making  a  special  contract  for  their  labor. 


580  Appendix  III 

e.  Should  experience  show  that  the  highe*   wages  brought  more 

efficient  labor  than  before,  there  would  be  a  good  chance  of 
having  it  raised  above  the  minimum. 

f.  They  would  gradually  be  eliminated. 

g.  1^0  change,  probably. 

h.  It  might,  at  first,  be  raised,  until  there  was  an  adjustment  of 
all  the  elements  in  the  productive  process.  But  in  many 
cases,  the  possibility  of  substituting  some  other  product 
for  this  particular  one,  or  of  decreasing  its  use  ad  libitum, 
would  tend  to  keep  the  price  down. 


N.  Johannsen 

The  regularity  of  emplojTuent  has  nothing  to  do  with  the  estab- 
lishment of  minimum  wages.  That  depends  upon  the  state  of 
trade,  upon  the  regularity  of  demand  for  such  commodities  as  the 
wage-earner  produces.  Why  does  this  demand  fluctuate?  Why 
have  not  we  always  prosperous  business,  such  as  would  secure  suffi- 
cient employment  to  the  working  classes  ?  This  question  ought  to 
be  solved  before  we  make  plans  for  the  regularity  of  employment. 

R.  C.  Kemmerer 

a.  Apt  to  put  some  out  of  business. 

b.  Keep  some  out  of  employment. 

e.  Decrease  the  opportunity. 

f.  Ko  jobs. 

g.  Decrease  it 

Alvin  8.  Johnson 

a.  A  conservatively  administered  minimum  wage  law  would 

have  no  immediate  effect  on  the  industry  as  a  whole.  It 
would  weaken  the  competitive  situation  of  employers  hith- 
erto paying  less  than  the  minimum  and  strengthen  that  of 
the  more  liberal  employers. 

b.  It  would  protect  the  weaker  workers  against  exploitation.    It 

might  tend  to  exclude  some  of  the  least  efficient  from  em- 
ployment. 

d.  No  perceptible  effect  on  the  action  of  the  workers  except  in 

so  far  as  raising  the  minimum  excluded  some  from  em- 
ployment altogether   (an  improbable  result). 

e.  No  effect. 


QuESTio^AiKE  ON  Wage  Pkoblem  581 

f.  No  necessary  effect.     An  intelligently  administered   mini- 

mum wage  law  will  have  machinery  for  making  due  ex- 
ceptions in  case  of  the  superannuated,  infirm,  etc. 

g.  'No  effect. 

h.  No  necessary  effect.     Gradually  to  force  wages  up  does  not 
necessarily  imply  increasing  the  cost  of  labor. 

Wilford  I.  King 

The  minimum  wage  would  benefit  some  individual  workers  and 
injure  others.  It  is  a  quack  remedy  for  low-priced  labor.  The 
arguments  advanced  in  its  favor  are  superficial  and  unsound.  It 
is  an  attempt  "  to  lift  one's  self  by  one's  boot  straps."  Suppose 
in  a  given  industry,  at  present,  the  wage  is  $1.50  and  the  law 
fixes  it  at  a  $2  minimum.  The  poorest  laborers  employed  are  only 
worth  $1.50  to  their  employer.  They  will  be  discharged.  No 
one  will  hire  them.  Pauperism  will  result.  Products  will  be 
lessened.  Everyone  will  be  worse  off.  The  employer  cannot  shift 
the  burden  to  the  consumer  by  charging  higher  prices  without 
lessening  the  consumer's  demand  for  other  commodities,  and  hence 
causing  a  fall  in  demand  for  labor  in  other  lines.  If  the  burden 
could  be  shifted  to  the  consumer  (the  largest  class  of  consumers 
is  the  laboring  class  itself)  working  people  would  pay  the  increase. 

If  wages  could  really  be  materially  raised  to  unskilled  labor, 
we  would  only  attract  a  more  rapid  rush  of  the  low  paid  labor 
of  Europe.  We  would  convert  the  United  States  into  the  world's 
great  almshouse.  The  experiment  would  work  like  the  English 
poor  laws  of  a  century  ago.  It  would  result  in  a  carnival  of 
pauperism.  With  unrestricted  immigration,  a  really  enforced 
minimum  wage  law  with  employment  giiaranteed  at  remunerative 
wages  would  be  a  national  calamity  and  a  crime  against  Ameri- 
can labor. 

James  C.  Kuhn 

From  my  experience  I  judge  that  a  minimum  wage  would  work 
a  great  hardship  to  the  inefficient,  as  a  great  many  of  them  would 
be  thrown  out  of  work.  Factories  cannot  run  as  benevolent  insti- 
tutions, and  they  cannot  pay  people  more  than  they  earn.  You 
cannot  legislate  against  nature,  supply  and  demand. 

The  moral  standard  of  the  employer  and  faithfulness  of  the 


582  Appendix  III 

employees  is  all  that  is  necessary  under  our  present  government 
to  ensure  harmony  and  prosperity.  Those  who  advocate  the  mini- 
mum wage  should  have  a  little  practical  experience  in  factories 
in  regard  to  this  measure. 

D.  D.  Lescohier 

A  minimum  wage  which  applied  to  all  employers  who  are  in 
competition  with  each  other  would  simply  raise  the  general  level 
of  costs  and  would  leave  them  in  the  same  relative  competitive 
position  that  they  were  in  before.  Of  course,  when  I  say  that  it 
would  raise  the  level  of  costs  I  am  overlooking  the  fact  that  a 
higher  wage  will  perhaps  result  in  a  higher  d^ree  of  efficiency, 
and  perhaps  not  increase  the  employer's  costs  at  all. 

A  man  of  considerable  experience  as  a  manufacturer  said  to 
me  the  other  day  in  discussing  this  wage  problem  that  the  time 
has  come  when  no  progressive  employer  would  advocate  an  unsani- 
tary or  unsafe  workshop  because  employers  have  found  that  the 
money  expended  in  keeping  shops  clean  and  safe  increases  the 
eflficiency  of  the  labor  force  more  than  it  increases  production 
costs.  Employers  have  likewise  found  that  reasonable  hours  of 
labor  give  them  a  working  force  that  is  so  much  more  efficient 
that  they  can  often  afford  to  pay  higher  wages  for  shorter  hours 
than  they  could  formerly  afford  to  pay  for  longer  hours  of  labor. 
He  said  further :  "  I  believe  the  time  is  near  at  hand  when  em- 
ployers will  realize  that  higher  wages  will  more  than  repay  them 
in  the  higher  efficiency  that  will  result  from  better  fed  and  better 
clothed  and  more  contented  employes." 

(d)  I  would  suggest  that  there  is  in  existence  almost  as  real 
a  minimum  wage  at  the  present  time  as  if  it  was  established  by 
legal  action.  In  any  given  locality  there  is  a  minimum  wage 
rate  for  the  average  worker  which  is  established  by  custom  and 
the  relative  power  in  bargaining  of  the  employees  and  employers. 
In  this  part  of  the  country  this  minimum  is  very  close  to  $12. 
The  employers  use  their  power  and  influence  to  keep  the  wages 
as  close  to  that  standard  as  possible,  while  the  workers  bitterly 
resent  any  attempt  on  the  part  of  the  employer  to  get  below  that 
standard,  while  tacitly  admitting  that  the  employer  is  justified  in 
holding  them  to  that  standard.     A  great  many  laborers  earn  be- 


Qdestionairp:  on  Wage  Pkoblem  583 

tween  $12  and  $15  a  week.  If  a  given  wage  were  established  as 
a  minimum  by  law  I  cannot  see  how  the  situation  would  be  changed 
except  to  prevent  employers  from  succeeding  as  they  now  do  in 
overstepping  the  minimum.  Workers  who  are  more  efficient  than 
the  average  would  earn  more  than  the  minimum  as  they  do  now. 
(f)  If  a  legal  minimum  wage  is  established  specific  provision 
must  be  made  for  administrative  supervision  of  the  conditions 
under  which  the  inefficient  and  incompetent  shall  be  employed. 
In  other  words,  there  will  have  to  be  provision  for  employment  of 
certain  groups  at  less  than  the  legal  minimum  wage.  I  believe  that 
this  will  constitute  one  of  the  most  difficult  administrative  prob- 
lems that  will  be  made  in  connection  with  the  legal  minimum  wage. 
I  do  not  believe  that  the  legal  minimum  wage  will  have  any  effect 
on  the  regTilarity  of  employment,  and  I  do  not  believe  that  it  will 
have  any  marked  effect  on  prices. 

Benjamin  C.  Marsh 

a.  The  employer  or  industry  which  is  affected  by  the  minimum 

wage  would  have  to  reduce  profits,  establish  more  effective 
methods  of  management,  raise  wages  or  go  out  of  business 
in  this  state.  Probably  there  would  be  cases  of  each  re- 
sult. 

b.  The  first  effect  on  workers  affected  would  be  that  their  rents 

would  be  increased,  so  that  they  would  lose  a  large  share 
of  the  advantages  thereof.  It  would  also  result  in  their 
having  a  greater  sense  of  security,  for  the  time  being,  and 
should  to  some  extent  increase  their  efficiency,  since  it 
would  remove  continual  anxiety  as  to  their  living.  There 
would  be  no  guarantee,  however,  to  the  workers  that  the 
minimum  wage  would  be  maintained  for  any  length  of 
time,  and  there  would  be  the  same  anxiety  about  losing 
their  employment. 

d.  The  workers  would  constantly  be  in  fear  of  losing  their  jobs 

on  the  ground  of  incompetency,  and  this  would  tend  to  re- 
strain their  liberty  of  action. 

e.  The  tendency,  though  not  the  inevitable  tendency,  would  be 

to  prevent  the  workers  obtaining  higher  than  the  mini- 
mum wage. 

f.  Inefficient    and   incompetent   workers   would   be   apt   to   be 

dropped,  since  neither  morals  nor,  probably,  the  law  would 
compel  a  manager  to  employ  incompetents. 

g.  The  tendency  would  be  to  make  employment  less  regular  and 


584  Appendix  III 

to  discourage  manufacturers  from  preparing  goods  in  ad- 
vance for  anticipated  demands. 
h.  As  noted  in  (a)  the  tendency  would  be  to  increase  the  price 
of  the  product  of  the  industry,  which  would  necessarily  bo 
the  case  if  the  industry  continued  in  its  locality  if  the 
profits  are  only  reasonable  at  present  under  our  profit 
system  and  the  industry  is  conducted  as  efficiently  as 
possible. 

David  A.  McCahe 

The  results  would  depend  so  much  on  the  conditions  prevailing 
in  the  industry  that  this  question,  or  list  of  questions,  would 
require  a  very  lengthy  answer. 

My  feeling  is  that  a  wise  commission  could  so  adjust  its  de- 
terminations as  to  avoid  crippling  the  industry  or  driving  workers 
who  are  fit  to  be  employed  at  all  from  the  industry.  Moreover, 
a  good  subordinate  body  could  study  its  industry  and  ascertain 
the  forces  at  work  keeping  wages  low  in  that  industry;  it  could 
then  set  about  removing  those  causes  to  a  considerable  extent, 
with  the  cooperation  of  the  employers  and  workers.  We  need  dis- 
interested, or  rather  non-partisan,  bodies  in  certain  industries 
to  bring  the  employer  and  workers  together  for  betterment  of 
conditions,  bodies  which  will  have  the  power  to  force  recalcitrant 
employers  to  conform  to  the  higher  standards  the  majority  would 
be  glad  to  see  enforced.  We  need  in  those  industries  somebody 
with  power  to  set  a  lower  limit  and  to  enforce  "  unifonn  rules." 
In  many  trades  the  labor  organizations  and  employers'  associa- 
tions do  that  jointly.  In  the  low-paid  industries  government 
commissions  could  doubtless  gi*eatly  improve  conditions  and  raise 
wages  by  the  enforcement  of  similar  unifonn  minimum  stand- 
ards. Such  commissions  could  at  least  let  us  know  what  the 
matter  is  in  those  industries.  When  we  know  what  forces,  and  in 
what  strength,  we  must  counteract  in  order  to  raise  wages,  we 
shall  be  in  a  far  better  position  to  adopt  intelligent  policies  than 
at  present.  If  the  commission  give  us  no  other  result  than  that 
in  its  first  few  years  it  would  be  worth  while. 

Geo.  A.  McKinlock 

I  do  not  feel  that  I  can  answer  question  8,  as  to  what  the  effect 
of  the  minimum  wage  would  be,  as  we  have  no  experience  on 


QuESTioNAiRE  ON  Wage  Proble>[  585 

which  to  base  an  opinion.  1  have  an  idea  that  the  employer,  the 
industry,  as  well  as  the  workers  would  be  affected  favorably ;  that 
the  liberty  of  the  action  of  the  worker  would  not  in  any  way  be 
restricted  and  that  they  would  have  the  same  opportunity  of  ob- 
taining a  higher  wage  comparatively  with  what  they  have  to  do, 
and  that  the  inefficient  or  incompetent  worker  would  be  stimu- 
lated to  be  efficient  and  competent ;  that  the  regularity  of  the 
employment  would  be  established  and  that  the  stability  of  the 
price  of  the  product  of  the  industry  would  be  assured. 

Henry  T.  Noyes 

This  question  is  so  involved  that  we  are  not  prepared  to  give 
any  answer  of  value  to  it  at  present.  We  believe  that  the  effect 
would  be  contingent  upon  whether  the  wage  was  universal  or  not 
and  if  not,  what  particular  industries  were  operating  under  the 
wage  plan;  also  whether  it  was  universal  throughout  the  par- 
ticular industry.  We  are  now  operating  under  a  minimum  wage 
plan,  and  we  believe  that"  for  us  the  plan  is  desirable,  that  it  has 
tended  to  increase  wages,  to  raise  our  standard  of  quality  and 
efficiency  of  labor,  and  to  reduce  unit  costs. 

Almus  Olver 

a.  The  minimum  wage  would  have  the  eifect  of  reducing  to 

some  extent  the  profits  of  the  employer,  but  would,  I  be- 
lieve, bring  about  the  establishing  of  industries  upon  a 
firmer  basis  and  preventing  over-capitalization  of  com- 
panies and  the  undertaking  of  rash  business  ventures 
where  the  prospect  of  success  is  so  slight  as  not  to  justify 
their  formation. 

b.  The  immediate  improvement  of  living  conditions  with  an 

increase  of  independence,  efficiency  and  health. 

c.  Problematical. 

d.  ]^one  whatever. 

e.  As  good  as  at  present. 

f.  The  inefficient  and  incompetent  could  probably  not  be  profit- 

ably employed  in  some  industries  under  this  plan,  but 
ample  opportunity  would  still  be  offered  them  in  the  line 
of  agricultural  and  similar  occupations  and  further  in- 
crease independence  of  other  members  of  the  family,  and 
so  make  it  possible  for  their  relatives  to  provide  for  them 
more  fully  than  under  the  present  system. 

g.  ^NTo  appreciable  effect. 


586  Appendix  III 

h.  Probably  an  increase  in  the  price  of  most  products,  as  the 
employer  would  not  fail  to  take  advantage  of  this  admir- 
able excuse  for  increasing  his  profits.  I  may  state  as  an 
example  the  recent  decision  of  the  laundries  in  the  city  of 
Syracuse.  As  announced  by  them  in  each  package  of 
laundry  returned  to  their  customers,  one  cent  will  be  added 
to  the  cost  of  each  parcel  of  laundry  for  the  purpose  of 
paying  the  increased  cost  to  them  of  the  Workmen's  Com- 
pensation Act. 

Alfred  E.  Ommen 

a.  It  would  create  an  additional  burden  which  must  react  on 

the  customer  and  eventually  must  be  paid  by  the  worker, 
who  is  the  producer. 

b.  It  would  tend  to  increase  the  cost  of  living  by  raising  prices 

in  all  industries  and  would  necessarily  cheapen  the  value 
to  be  obtained  from  the  dollar. 

c.  All  classes. 

d.  It  would  add  greatly  to  the  powers  of  the  workers  and  tend  to 

restrict  output. 

e.  The  efficient  worker  will  always  be  able  to  earn  a  higher  rate 

of  wage. 

f.  It  would  force  their  employment  at  a  rate  that  would  not  be 

commensurate  with  their  producing  capacity. 

g.  In  the  printing  industry,  it  would  have  no  special  effect 

whatever,  except  that  the  emplojonent  of  persons  at  a  mini- 
mum wage  would  be  unprofitable  by  reason  of  their  inex- 
perience, inefficiency  and  incompetency, 
h.  The  result  would  be  a  final  selling  price  from  five  to  twenty- 
five  per  cent  higher  than  at  present,  and  if  it  were  only 
done  in  the  city  and  State  of  Xew  York,  would  cause  the 
removal  of  manufactories  that  could  afford  to  move. 

Edward  D.  Page 

The  effect  of  a  minimum  wage  is  largely  a  matter  of  specula- 
tion. Its  effect  on  any  of  the  classes  designated  as  a,  b,  c,  d,  e, 
would  depend  entirely  upon  the  scope  and  permanency  of  the 
minimum  wage  established. 

(f)  It  takes  little  imagination  to  see  that  inefficient  or  in- 
competent workers  would  only  be  able  to  obtain  employment 
spasmodically.  It  might  result,  of  course,  in  putting  every  man 
in  his  place;  but  it  would  probably  tend  to  an  increase  in  the 
number  of  the  wards  of  the  State,  either  as  inmates  of  almshouses 
or  institutions  for  mentally  deficient.     Many  people  who  are,  in 


QuEvSTiONAiKE  ON  Wage  Problem  587 

some  degree,  mentally  deficient  now  able  to  support  themselves  on 
a  plane  perhaps  lower  than  the  average  standard  of  living  of  their 
group  by  working  for  less  than  the  minimum  wage  would  be 
entirely  thrown  out  of  the  possibility  of  self-support  if  it  were 
made  illegal  for  them  to  do  so. 

(g)  Persons  incapable  of  fairly  earning  the  minimum  w^age 
would,  of  course,  be  employed  as  little  as  possible;  and  instead 
of  having  the  discipline  of  steady  and  regular  employment  would 
probably  be  thrown  into  the  class  of  those  partly  supported  by 
the  State. 

(h)  If  the  result  of  the  minimum  wage  enactment  should  be 
to  raise  the  standard  of  efficiency  amongst  the  workers  who  re- 
mained in  the  industry  it  would  not  materially  affect  the  price  of 
the  product ;  it  might  even  lower  it. 

A  minimum  wage  might  seriously  interfere  with  obtaining  the 
part  time  w^orkers  —  children  and  women  —  who  make  a  little 
extra  money  for  their  families  by  such  light  employment  as 
picking  berries,  peas,  beans,  etc.  If  these  had  to  be  picked  at 
the  full  price  of  heavy  labor  the  cost  to  the  consumer  would,  of 
course,  be  raised.  This  would  hurt  the  part  time  workers  and  the 
public  more  than  it  would  hurt  the  farmer ;  for  all  farmers  would 
be  affected  alike  by  the  process. 

Raymond  Y.  Phelan 

a.  In  some  cases  minimum  wage  laws  may  reduce  profits  either 

temporarily  or  permanently.  The  time  will  come  when 
the  question  of  profits  will  be  less  important  in  calculat- 
ing fair  wages.  We  shall  progress  toward  a  general  ac- 
ceptance of  the  dictum  that  the  labor  in  a  business  must 
have  reasonable  dividends  (wages)  even  if  the  capital 
cannot  have  such  dividends. 

b.  A  minimum  wage  should  gradually  increase  efficiency.     It 

probably  will  tend  to  hold  some  wages  down. 

c.  No  effect  on  liberty  of  action  except  where  sufficient  effi- 

ciency is  lacking  and  in  the  cases  of  speeders  and  petty 
bosses  paid  for  their  driving  powers.  'No  wholesale  dis- 
placement need  be  apprehended.*  Children  in  industry 
may,  however,  tend  to  decrease  in  number. 

d.  See  b  above. 


*  Still,  the  relative  amount  of    apprentice  labor  should  be  regulated  and  an 
excess  forbidden. 


588  Appendix  III 

e.  Some  of  the  inefficient  will  probably  be  displaced,  but  it  must 

be  remembered  that  inefficiency  is  a  matter  of: 

1.  Wages  paid  (at  least  in  some  cases). 

2.  Profits  necessary. 

3.  Prices  charged. 

4.  Organization  of  the  business. 

f.  Might  tend  to  increase  regularity  through  better  business 

organization. 

g.  Some  prices  may  be  increased. 

Hugo  Seaherg 

The  establishment  of  minimum  rates  of  wages  or  reducing  the 
hours  of  the  working  day  has,  I  think  most  people  will  agTee,  a 
tendency  to  raise  our  standard  of  living;  therefore,  of  most  im- 
portant consideration  is  whether  a  higher  standard  can  be  main- 
tained eventually,  aside  from  the  merit  and  efficiency  of  the  in- 
dividual worker,  without  readjusting  our  avenues  of  competition. 
Increasing  our  standard  of  living  will,  of  course,  increase  in  the 
same  proportion  the  cost  of  all  things  produced  by  the  laborer,  and 
as  all  labor  and  result  of  labor  is  so  intermingled  and  entered, 
directly  and  indirectly,  into  all  things  produced,  it  might  be 
safely  said  that  the  cost  for  everything  will  be  to  some  degree 
advanced. 

Can  such  an  advancing  cost  be  maintained  if  the  very  labor  in 
question  comes  into  competition  with  foreign  labor  of  a  lower 
standard  ?  Therefore,  if  freedom  of  choice  still  exists,  as  it  neces- 
sarily must,  will  the  result  not  be  a  suspension  of  employment, 
affecting  some  laborers  in  whole  and  others  in  part,  in  proportion 
that  the  local  cost  exceeds  foreign  cost  plus  expense  of  transporta- 
tion. This  seems  to  me  would  be  the  inevitable  result  unless  a 
protective  system  was  added  to  and  irrevocably  maintained;  you 
cannot  have  idealism  in  one  place  and  the  opposite  in  another, 
relating  to  commerce,  without  doing  injury  to  the  former,  with 
free  and  unlimited  intercourse.  Therefore,  the  putting  of  the 
theory  in  effect  as  a  local  or  State  movement  will  eventually  work 
harm  instead  of  good,  whereas  in  our  case  the  nation  can,  and 
sometimes  will,  put  counter  influences  into  effect  which  make  the 
State  legislation  a  weapon  of  harm  to  the  very  laborer  which  the 
State  intends  to  benefit. 


Question AiEE  on  Wage  Problem  589 

E.  M.   Sergeant 

The  establishment  of  such  a  wage  law  would  tend  to  throw  out 
of  emplojmeut  the  less  competent  workers,  and  would  tend  to 
remove  one  incentive  to  good  work.  This  has  undoubtedly  been 
the  case  where  a  minimum  wage  has  been  fixed  by  unions  for  their 
members. 

The  question  as  to  the  effect  of  such  legislation  on  the  liberty  of 
action  of  the  workers  seems  to  me  unimportant,  and  its  effect  on 
the  prices  of  products  would  doubtless  vary  very  greatly  in 
different  industries,  and  could  hardly  be  predicted  in  advance. 

The  opinions  stated  above  are  of  course  based  only  on  my  ob- 
servation of  such  branches  of  industry  as  I  am  familiar  with. 

With  reference  to  your  question  as  to  the  effect  of  minimum 
wage  on  the  particular  business  with  which  I  am  connected,  I 
would  say  that  I  doubt  if  there  would  be  any  effect,  unless  the 
minimum  wage  was  made  exceedingly  high,  as  I  believe  we  are 
now  paying  higher  wages  than  would  be  set  in  any  reasonable 
minimum  legislation. 

Florence  Siinnis 

d.  Knowing  that  they  have  the  protection  of  the  State,  it  should 

make  employees  less  afraid  in  reporting  any  injustice  or 
violation. 

e.  More  hope  of  obtaining  increases  than  if  a  minimum  were 

not  established. 

f.  Means  would  be  employed  to  make  the  less  efficient  more 

capable.     The  "  unemployable  "  would  require  other  pro- 
visions to  be  made  for  them. 
h.  It  would  have  no  special  effect  on  the  price  of  the  product. 
Increased  efficiency  would  obviate  that  difficulty. 

H.  K.  Thomas 

a.  The  employer  would  immediately  endeavor  to  reduce  the 

number  of  men  employed,  by  increasing  the  efiiciency  of 
machine  tools  and  the  like. 

b.  The  workers,  following  the  last  mentioned,  would  be  reduced 

in  numbers. 
■d.  Provided   minimum   wages   fixed   by   law   were   paid,   the 
tendency  would  be  to  adhere  to  this  and  to  give  no  op- 
portunity of  raising  wages  to  the  individual. 

e.  Answered  under  d. 

f.  Such  workers  could  find  no  employment  whatever. 


590  Appendix  III 

g.  In  certain  industries,  such  as  the  trades  of  bricklayers  and 
stone  masons,  the  regularity  of  employment  is  impossible 
because  weather  conditions  to  a  great  extent  diminish  the 
amount  of  work  in  hand  during  winter  months. 

h.  The  probable  effect  on  the  price  of  the  product  is  proble- 
matical. It  entirely  depends  upon  the  ratio  of  an  estab- 
lished minimum  wage  with  the  present  rates. 
The  effect  on  the  business  carried  on  by  this  company  is  also 
dependent  on  the  ratio  of  a  fixed  minimum  wage  to 
present  rates,  and  cannot,  therefore,  be  predicted. 

The  writer's  experience  both  in  this  country  and  in  Europe  in 
factory  management  over  a  period  of  seventeen  years,  inclines 
him  to  the  opinion  that  wherever  anything  in  the  nature  of  a 
general  minimum  wage  is  fixed,  the  tendency  is  to  level  wages 
downwards  rather  than  upwards,  because  it  discourages  employers 
from  specially  favoring  highly  efficient  men  who  may,  therefore, 
not  be  paid  so  much  as  they  are  really  worth. 

W.  H.  Thompson 

a.  Reduced  profit. 

b.  A  larger  opportunity  of  life  to  which  they  are  entitled. 

c.  A  closer  attention  to  business  on  the  part  of  both. 

d.  It  would  naturally  develop  a  higher  standard  of  efficiency 

from  the  fact  of  affording  them  better  advantages  in  the 
way  of  education  and  training. 

e.  A  better  opportunity  for  the  enlightened  of  any  class  of 

workers  to  enjoy  greater  chance  of  improvement  in  every 
respect. 

f.  Inefficiency  and  incompetency  are  largely,  according  to  our 

viewpoint,  but  a  larger  opportunity  to  develop  the  best 
there  is  in  one.  Besides  becoming  better  educated  on  ac- 
count of  better  opportunities,  these  classes  could  be  better 
classified  and  the  weakest  be  aided  by  the  State  whenever 
conditions  warranted  such  action. 

g.  But  little  if  any. 

h.  But  slightly  higher,  if  any,  if  industry  were  compelled  to 
give  up  a  portion  of  its  unearned  increment. 

A.  C.  Vandiver 

a.  None. 

b.  Ameliorate  their  condition. 

c.  It  would  probably  diminish  the  profits  of  employers  who 

inadequately  pay  their  wage  earners. 


QUESTIONAIRE    ON    WaGE    PrOBLEM  591 

d.  None. 

e.  None. 

f.  It  would  probably  serve  to  eliminate  inefficient  and  incom- 

petent workers. 

g.  None,   except  in   so  far  as  the  regularity  of  employment 

would  be  affected  by  the  elimination  of  incompetent  and 
inefficient  workers, 
h.  It  would  probably  increase  slightly  the  price  of  the  products 
of  the  industries  affected. 

Ansley  Wilcox. 
As  to  effects,  I  am  sure  that  a  minimum  wage  law  would  have 
a  bad  effect  in  connection  with  each  of  your  subdivisions  of  this 
question. 


3.    SYMPOSIUM    ON    THE   MINIMUM   WAGE 
PROBLEM 

On  September  29,  1914,  the  Commission  issued  a  letter  asking 
for  a  statement  of  views  on  the  subject  of  Minimum  Wage  Legis- 
lation, to  what  extent  it  should  be  enacted,  and  the  difficulties  of 
administration  and  how  they  might  be  overcome.  It  further 
sought  suggestions  regarding  the  wage  problem  particularly  in  its 
relation  to  women  and  children.  This  letter  was  sent  to  small 
groups  of  men  and  women  representing  various  interests  and 
different  points  of  view,  viz. :  economists,  social  workers,  lawyers, 
representatives  of  labor  and  employers  and  their  representatives. 
The  memoranda  submitted  by  the  following  are  of  great  value 
because  all  are  in  a  position  to  make  authoritative  statements, 
whether  it  be  from  actual  practical  experience  or  through  study 
and  observation: 

I.    Economists 
Thomas  S.  Adams,  Member,  Wisconsin  Tax  Commission;  Pro- 
fessor of  Economics,  University  of  Wisconsin. 
EuGEXE  E.  Agger,  Professor  of  Political  Scien<:e,  Columbia  Uni- 
versity. 
William  B.  Bailey,  Professor  of  Economics,  Yale  University. 
Roy  G.  Blakey,  Department  of  Economics,  Cornell  University. 
Thomas  X.  Carver,  Professor  of  Political  Economy,  Harvard- 
University. 
Sidney  J.  Chapman,  Professor  of  Political  Economy,  University 

of  Manchester,  England. 
John  Bates  Clark,  Head  of  the  Division  of  Economics  and 
History,  Carnegie  Endowment  for  International  Peace;  Pro- 
fessor of  Political  Economy,  Columbia  University. 
John  R.  Commons,  Professor  of  Political  Economy,  University 
of  Wisconsin;  Member,  United  States  Commission  on  Indus- 
trial Relations. 
Davis  R.   Dewey,  Professor  of  Political  Economy,  Massachu- 
setts Institute  of  Technology ;  Editor,  Economic  Review. 

[592] 


MiiS'iMUM  Wage  Symposium  593 

Fra:nk  a.  Fettee,  Head  of  Department  of  Economics  and  Social 
Institutions,  Princeton  University. 

Geokge  G.  Groat,  Professor  of  Economics,  University  of  Ver- 
mont. 

John  H.  Gray,  Professor  of  Economics,  University  of  Minnesota. 

M.  B.  Hammo^'d,  Professor  of  Economics,  Ohio  University ;  Vice 
Chairman,  Industrial  Commission  of  Ohio. 

Edwin  W.  Kemmerer,  Professor  of  Economics  a)id  Fi^mnce, 
Princeton  University. 

Scott  jSTearing,  Professor  of  Economics,  University  of  Pennsyl- 
vania. 

Edward  Alsworth  Ross,  Professor  of  Sociology,  University  of 
Wisconsin. 

John  A.  Ryan,  Professor  of  Economics,  St.  Paul  Seminary; 
Author  of  "  The  Living  Wage." 

Henry  R.  Seager,  Professor  of  Political  Economy,  Columbia 
University. 

]N^.  I.  Stone,  formerly  Chief  Statistician,  U.  S.  Tariff  Board. 

Frank  H.  Streightoff,  Professor  of  Economics,  DePauw  Uni- 
versity, Indimui. 

F.  W.  Taussig,  Professor  of  Political  Economy,  Harvard  Uni- 
versity. 

Frank  D.  Watson,  Professor  of  Economics,  Haverford  College. 

Adna  F.  Weber,  Chief  Statistician,  N.  Y.  State  Public  Service 
Commission. 

II.    Social  Workers 

Felix  Adler,  Leader,  A".  Y.  Society  for  Ethical  Cidture. 

Frederic  Almy,  General  Secretary,  Charity  Organization 
Society,  Buffalo,  N.  Y. 

Inez  Milholland  Boissevain,  Lawyer;  Student  of  Working 
Conditions  of  Women. 

Bailey  B.  Burritt,  General  Director,  X.  Y.  Association  for  Im- 
proving the  Condition  of  the  Poor. 

Frederick  Courtney,  Bishop,  St.  James  Church,  Neiv  York 
City. 

Herbert  Croly,  Editor,  "  The  New  Republic;"  Author,  "  The 
Promise  of  American  Life." 


594  Appendix  III 

Edward  T.  Devi>^e,  Director  of  the  N.  Y.  School  of  Philan- 
thropy;  Professor  of  Social  Economy,  Columbia  University. 

Seba  Eldkidge,  Secretary,  Department  of  Social  Betterment, 
Brooklyn  Bureau  of  Charities. 

John  A.  Fitch,  Industrial  Investigator ;  Member  of  the  staff  of 
"  The  Survey." 

Homer  Folks,  General  Director,  N.  Y.  State  Charities  Aid  Asso- 
ciation. 

Mary  E.  Gardner,  President,  Consumers'  League  of  Buffalo. 

Josephine  Goldmark,  Publication  Secretary,  National  Consum- 
ers' League. 

Norman  Hapgood,  Editor,  "  Harper's  Weeldy." 

Charles  E.  Henderson,  Professor  of  Sociology,  University  of 
Chicago. 

Frederic  C.  Howe,  Commissioner  of  Immigration,  New  York 
City. 

Florence  Kelley,  General  Secretary,  National  Consumers' 
League. 

Paul  U.  Kellogg,  Editor,  *'  The  Survey." 

John  A.  Kingsbury,  Commissioner  of  Charities,  New  York  City. 

Bruno  Lasker,  Investigator  for  the  Rowntree  Foundation,  York, 
England. 

Samuel  McCune  Lindsay,  Professor  of  Social  Legislation, 
Columbia  University. 

Owen  R.  Lovejoy,  General  Secretary,  National  Child  Labor 
Committee. 

George  R.  Lunn,  Editor,  Schenectady  "  Citizen;"  Ex-Mayor  of 
Schenectady. 

Charles  S.  MacFarland,  Executive  Secretary,  Federal  Coun- 
cils of  Churches  of  Christ  in  America. 

T).  J.  McMahon,  Supervisor  of  Catholic  Charities,  Neiu  York 
City. 

William  H.  Matthews,  Director,  Department  of  Family  Wel- 
fare, New  York  Association  for  Improving  the  Condition  of  the 
Poor. 

Maud  Nathan,  President,  New  York  City  Consumers'  League. 

Harry  Allen  Overstreet,  Professor  of  Philoso,phy,  College  of 
the  City  of  New  York. 


MiKiMUM  Wage  Symposium  595 

Fkank  Pekso.xs,  General  Secretary,  Charity  Organization  So- 
ciety,  Xew  York  City. 

Samuel  SciiuLMAN,  Rahhi,  Temple  Beth-El,  New  York  City. 

John  Spargo,  Author  arid  Lecturer;  Author,  ''  The  Bitter  Crij 
of  the  Children." 

N^ELLE  SwARTz,  Secretary,  Neiu  York  City  Consumers'  League. 

Walter  E.  Weyl,  Industrial  Investigator;  Author,  "  The  New 
Democracy." 

Gaylord  S.  White,  Headworker,  Union  Settlement,  Neiv  York 
City. 

Stephen  S.  Wise,  Rahhi,  Free  Synagogue,  New  York  City. 

III.    Lawyers. 

Henry  DeForest  Baldwin,  Lawyer,  New  York  City. 

H.  LaRue  Brown,  formerly  Chairmaii,  Massachusetts  Minimum 
Wage  Commission;  Special  Assistant  to  the  U.  S.  Attorney- 
General. 

W.  BouRKE  CocKRAN,  Lawyer,  New  York  City ;  Former  Mem- 
her  of  Congress. 

Julius  Henry  Cohen,  Laiuyer,  New  York  City;  Attorney  for 
Cloak,  Suit  and  Skirt  Manufacturers'  Protective  Association. 

Manfred  W.  Ehrich,  Lawyer,  New  York  City. 

Raymond  B.  Fosdick,  Lawyer,  New  York  City;  formerly  Com- 
missioner of  Accounts. 

John  D.  Kernan,  Lawyer,  Utica,  N.  Y. 

Jarvis  W.  Mason,  Lawyer  and  Accountant,  New  York  City. 

Charles  F.  Mathewson,  Lawyer,  New  York  City. 

Everett  P.  Wheeler,  Lawyer,  New  York  City. 

Victor  Morawetz,  Lawyer,  New  York  City. 

lY.    Representatives  of  Labor 

Edward  A.  Bates,  Secretary-Treasurer,  N.  Y.  State  Federation 
of  Lahor,  Utica,  N.  Y. 

Homer  D.  Calt>,  Vice  President,  N.  Y.  State  Federation  of 
Lahor,  Syracuse,  N.  Y. 

Timothy  Healy,  President,  International  Brotherhood  of  Sta- 
tionary Firemen,  Neiu  York  City. 


596  Appei<dix  III  • 

James  P.  Holland,  Vice  President,  N.  Y.  State  Federation  of 

Labor,  Xew  York  City. 
Emanuel  Koveleski,  Vice  President,  N.  Y.  State  Federation  of 

Labor,  Eochester,  N.  Y. 
James  M,  L\^'ch,  N.  Y.  State  Commissioner  of  Labor;  formerly 

President,  International  Typographical  Union. 
Helex  Marot,  formerly  Secretary,  X.  Y.  Women's  Trade  Union 

League. 
John  Mitchell,  Member  N.  Y.  State  Workmen's  Compensation 

Commission;  formerly  President,  United  Mine  Workers. 
Albuktis  IS'ooney,   Secretary,   Central  Labor  Union,  Hudson, 

N.  Y. 
John  T.  O'Brien,  Vice  President,  N.  Y.  State  Council,  United 

Brotherhood  of  Carpenters  and  Joiners  of  America,  Xeiv  York 

City. 
Margaret   Dreier  Robins,   President,  National  Trade   Union 

League  of  America,  Chicago,  III. 
Henry  iStreifler,  General  Organizer,  American  Federation  of 

Labor,  Buffalo,  N.  Y. 

V.    Employers  and  Their  Representatives 

James  F.  Adams,  Vice  President,  The  Canister  Co.,  Phillips- 
burg,  N.  J. 

L.  Adler  Bros.  &  Co.,  Clothing  Manufacturers,  Rochester,  X.  Y. 

Roger  W.  Babson,  President,  Babsons  Statistical  Organization, 
Wellesley  Hills,  Mass. 

M.  M.  Bruere,  National  City  Bank,  New  York  City. 

Frank  R.  Chambers,  Rogers,  Peet  £  Co.,  New  York  City. 

Richard  S.  Childs,  New  York  City. 

Henry  Clews,  Banker,  New  York  City. 

James  G.  Cutler,  Rochester,  N.  Y. 

Frederick  L.  Devereux,  Auditor,  N.  Y.  Telephone  Company. 

Harry  Dowie,  New  York  City. 

Xathan  Drew,  Counsel,  National  Erectors'  Association,  New 
York  City. 

E.  F.  DuBruhl,  Miller,  DuBruhl  &  Peters  Manufacturing  Com- 
pany, Cincinnati,  Ohio. 

Dunn  &  ^NfcCARTiiY,  Shoe  Manufacturers,  Auburn,  N.  Y. 

Alexander  Eisemann,  E.  Eisemann  £  Co.,  Neiu  York  City. 


^IixiMu.^r  Wage  Svmposiu^i  597 

A.  LIIS'ooL^•  FiLENE,  General  Manage)',   William  Filene's  So^i^s, 

Company  J  Boston,  Mass. 
D.   M.   Fredeeiksen,  President,  Scandhiavian  Canadian  Land 

Co.,  Minneapolis,  Minn. 
F.  X.  KuciiLER,  F.  X.  Kuchler  &  Son,  Brooklyn,  N.  Y. 
Adolph  Lewisohn,  Adolph  Lewisohn  d-  Son,  New  York  City. 
Robert  Luce,  President,  Luce  Press  Clipping  Bureau;  formerly 

Lieutenant  Governor  of  Massachusetts. 
K.   B.   Mathes,   President,  K.   B.   Matlies  Company,  Batavia, 

N.  Y. 
'N.  Y.   State  Retail  Dry  Goods  Association,   W.  A.   Dyer, 

President,  Syracuse,  N.  Y. 

F.  CoLBURN  PixKAM,  Sccretary-Treosurer,  National  Dry  Goods 
Association,  New  York  City. 

H.  F.   Searles,  Secretary,  Cohoes  Manufacturers'  Association, 

Cohoes,  N.  Y. 
Percy  S.  Strais,  B.  H.  Macy  &  Company,  New  York  City. 
Henry   R.    Towjn^e,   President,   Yale  &   Towne  Manufacturing 

Company,  New  York  City. 

G.  ViNTSCHGER,  Sr.,  President,  Markt  ci-  Hammacher  Company, 
New  York  City. 

F.  E.  Wheeler,  President,  International  Heater  Company, 
Utica,  N.  Y. 

VI.    Commissions 

G.  S.  Barnes,  Board  of  Trade,  London,  England. 

C.  H.  Crownhart,  Chairman,  Wisconsin  Industrial  Commission. 

Katheeine  Philips  Edson,  Member,  California  Industrial  Wel- 
fare Commission. 

William  F.  Houk,  Chairman,  Minnesota  Minimum  Wage  Com- 
mission; State  Commissioner  of  Labor  and  Statistics. 

Walter  G.  Mathewson,  Member,  California  Industrial  Welfare 
Commission. 

Edwin  V.  O'Hara,  Chairman,  Oregon  Industrial  Welfare  Com- 
mission. 

Edward  W.  Olson,  Member,  Washington  State  Industrial  Wel- 
fare Commissio7i. 

Robert  G.  Valentine,  Industrial  Counselor;  Chairman  of  the 
First  Massachusetts  Minimum  Wage  Board. 


598  Appendix  III 

I.  ECONOMISTS 

Statement  of  Thomas  S.  Adams 

I  regret  to  say  that  I  have  not  followed  the  actual  administra- 
tion and  practical  results  of  minimum  wage  law  legislation  with 
sufficient  care  to  speak  with  any  certainty  or  authority  on  this 
question.  I  have,  however,  been  favorable  to  the  intent  or  doc- 
trine underlying  such  statutes,  believe  that  it  is  in  thorough  ac- 
cord with  sound  principles  of  legislation  and  that,  if  cautiously  and 
carefully  attempted,  cannot  fail  in  the  long  run  to  improve  con- 
ditions in  those  trades  and  occupations  in  which  the  wages  now 
paid  are  insufficient  to  enable  workers  therein  to  maintain  reason- 
able and  American  standards  of  living. 

Such  legislation  would  probably  in  the  long  run  justify  itself 
by  its  single  effect  of  stimulating  and  encouraging  organization 
among  the  workers  concerned.  The  occupations  concerned  are 
those  in  which  it  is  almost  impossible,  without  outside  stimulus, 
to  support  and  develop  organization  of  the  workers.  Minimum 
wage  legislation  helps  to  arouse  a  feeling  for  the  necessity  of  such 
organization  and  to  set  the  machinery  in  motion  by  which  such 
organization  may  be  maintained.  I  regard  this  as  perhaps  the 
most  important  part  of  minimum  wage  l^slation,  and  as  alone 
sufficient  to  justify  the  attempt  to  introduce  and  maintain  it. 
Moreover,  legislation  on  this  subject  is  the  most  helpful  method  of 
focalizing  and  fixing  a  reasonable  public  opinion  on  this  subject. 
It  is  very  important,  of  course,  that  such  legislation  should  be 
framed  with  care  and  its  administration  conducted  carefully  and 
slowly.  It  will  fail  if  sufficient  time  and  pains  are  not  taken  to 
adapt  it  to  the  complex  conditions  of  the  industries  affected. 


Statement  of  Eugene  E.  Agger 

In  relation  to  minimum  wage  legislation  I  may  say  that  I  be- 
lieve it  to  be  not  only  a  possible  but  an  almost  inevitable  ex- 
pedient in  lines  of  occupation  where  the  normal  character  of  com- 
petition is  such  as  to  make  impossible  a  standard  of  living  de- 
manded in  the  United  States. 


Minimum  Wage  Sympostitm  599 

The  need  for  such  legislation  appears  to  me  to  arise  in  the  un- 
skilled trades,  where  the  nature  of  the  labor  supply  is  such  as  to 
preclude  the  possibility  of  collective  bargaining. 

The  isolated  laborer  whose  position  is  rendered  weak  by  ignor- 
ance, relative  incapacity  or  physical  disability,  is  of  necessity 
limited  in  his  bargaining  with  his  employer  to  what  the  employer 
will  offer.  The  laborer's  minimum  tends  to  be  dictated  by  his  own 
urgent  necessities  rather  than  by  any  conception  of  the  real  value 
of  his  services.  In  his  competition  with  others  therefore,  fearing 
the  disaster  of  unemployment,  he  tends  to  be  pushed  lower  and 
lower  down  in  the  economic  scale.  In  general  this  would  seem 
to  be  true  in  the  case  of  the  labor  of  men  in  the  so-called  sweating 
trades,  of  the  labor  of  women  in  other  trades  as  well  as  the  sweat- 
ing trades,  and  in  the  labor  of  children  in  almost  all  trades.  But 
of  course,  owing  to  the  great  diversity  in  the  capacity  of  children 
in  industry  and  to  their  secondary  connection  in  most  trades,  it 
is  difficult  to  see  how  minimum  wage  legislation  could  be  applied 
to  them.  Raising  the  standard  of  education  and  imposing  severe 
restrictions  on  the  labor  of  children  and  young  persons  would 
soem  to  be  the  only  possible  solution,  as  far  as  they  are  concerned. 

With  respect  to  mature  men  and  women,  the  problem  is  simpler. 
It  would  seem  to  be  simplest  of  all  in  the  case  of  men,  but  the 
need  is,  of  course,  more  urgent  in  the  case  of  women.  In  each  case 
it  would  appear  to  be  necessary  to  determine  the  wage  adequate 
for  the  maintenance  of  accepted  standards  of  living,  including  in 
such  a  standard  the  necessary  responsibilities  that  are  attached  to 
the  several  classes  of  beneficiaries.  The  man  with  family  responsi- 
bilities would  obviously  require  more  than  a- girl  looking  out  for 
herself  alone. 

The  administrative  difficulties  of  minimum  wage  legislation 
are,  of  course,  serious,  but  they  ought  not  to  prove  so  formidable 
under  our  institutions  that  we  should  shrink  from  taking  the  step. 
Successful  administration  for  such  legislation  would,  of  course, 
involve  a  highly  efficient  and  honest  service.  After  all,  so  does 
any  significant  government  undertaking. 

The  main  difficulties  as  I  see  them  would  be  first  of  all  in  de- 
termining the  fields  of  labor  to  which  such  legislation  should 
apply.     Secondly,  in  arriving  at  the  minimum  to  be  prescribed. 


fiOO  Appendix  III 

Thirdly,  in  properly  euforciug  a  miuimum  wage,  lu  conuection 
with  the  last,  the  question  is  not  only  one  involving  the  employer, 
but  also  the  faithfulness  of  the  employee. 

My  own  feeling  is  that  successful  administration  would  require 
enforced  organization  of  both  employer  and  employee. 

The  difficulty  that  some  employee  whose  productive  capacity 
falls  below  the  prescribed  minimum  wage,  w^ould  be  out  of  em- 
plo;^Tnent  and  would  have  to  be  taken  care  of  by  the  state,  w^ould 
have  to  be  offset.  But  remo\'ing  him  from  the  field  of  competition 
would  render  the  position  of  the  other  workers  so  much  more 
secure,  that  the  indirect  economic  gains  resulting  through  in- 
creased efficiency  as  well  as  the  direct  savings  which  would  result 
from  the  discontinuance  of  private  and  public  charity  otherwise 
necessary  would  more  than  offset  the  expenditures  necessary  for 
the  maintenance  of  the  inefficient. 

It  is  sometimes  said  that  minimum  wage  legislation  would 
necessarily  mean  higher  prices.  The  answer  to  this  objection 
would  appear  to  be  that  society  has  no  right  to  prices  made  low 
by  the  drawing  of  the  life  blood  of  some  of  its  constituent  mem- 
bers. Legislation  of  this  kind  would,  from  this  point  of  view, 
simply  tend  toward  the  greater  equality  in  incomes  in  the  real 
economic  sense,  and  is  therefore,  far  from  being  undesirable. 

The  evils  of  our  modem  industrial  society  can  be  eliminated 
only  by  careful  analysis  and  courageous  positive  social  action, 
based  on  rational  principles.  Failure  to  take  such  action  always 
results  in  serious  unheavals. 

Your  Commission  has  been  doing  some  splendid  analytical  and 
some  effective  constructive  work,  and  I  trust  that  it  will  have  the 
courage  to  stand  resolutely  for  the  reforms  that  its  investigations 
have  proven  to  be  necessary. 


Statement  of  WiixiA^r  13.  Bailey 

My  principal  experience  within  the  past  two  or  three  years  has 

been   as  head  of  the  Organized    Charities  Association  of  New 

Haven  where  of  course  we  come  in  contact  with  a  good  many  low 

paid  workers.    I  hear  a  good  deal  said  about  the  low  wages  being 


MiMMUM  Wace  Symi'osh:\i  601 

a  cause  for  a  life  of  vice  but  must  say  that  I  have  failed  to  come 
upon  many  cases  of  this  in  the  considerable  number  of  wayward 
girls  who  are  brought  to  my  attention.  Our  association  cares  for 
all  the  girls  who  are  brought  before  the  courts  of  New  Haven 
County  for  any  offence  before  the  age  of  sixteen.  Many  of  these 
cases  are  for  vice,  but  I  do  not  recall  hearing  a  girl  say  that  the 
prime  motive  for  this  action  on  her  part  was  insufficient  earnings. 
Many  of  them,  of  course,  desired  luxuries  which  they  could  not 
afford,  but  I  fear  minimum  wage  legislation  would  not  cure  this. 
My  principal  objection  to  such  legislation  is  that  it  makes  a 
person's  needs  and  not  a  person's  ability  a  standard  for  payment. 
I  realize  that  this  is  not  a  maximum  but  a  minimum  standard. 
To  raise  the  rate  of  wages  would  increase  the  cost  of  production. 
This  would  decrease  the  demand  for  the  article  and  fewer  workers 
would  be  required  in  the  industry.  The  least  efficient  would  be 
thrown  out  of  employment  and  be  left  without  any  income.  This 
would  necessitate  either  state  pensions,  a  great  increase  in  private 
charity,  or  some  sort  of  state  industry  in  which  the  most  inefficient 
workmen  could  be  employed.  I  feel  that  if  this  same  energy  were 
devoted  to  some  kind  of  trade  school  or  vocational  guidance  by 
which  the  general  intelligence  and  skill  of  workers  could  be 
raised,  the  improvement  to  the  community  would  be  greater.  I 
suspect  that  the  decrease  of  immigration  due  to  the  European  war 
will  ultimately  result  in  a  rise  in  rate  of  wages  in  this  country. 


Statement  of  Roy  G.  Blakey 

The  amount  of  wages  depends  fundamentally  upon  the  value  of 
the  output  of  workers.  Whatever  tends  to  increase  the  value  of 
this  output  enables  the  employer  to  pay  more  —  efficiency,  use  of 
best  machinery,  abundant  and  rich  natural  resources  being  of  pri- 
mary importance  for  high  wages.  In  all  industries,  perhaps 
sooner  in  agriculture  than  in  any  other,  there  is  reached  what  we 
economists  call  the  point  of  diminishing  returns.  After  that  point 
is  reached,  each  additional  worker  added  to  the  plant  or  firm, 
adds  a  smaller  output  value  than  previously  employed  workers 
and  consequently  employers  can  not  take  on  additional  employes 


602  Appendix  III 

except  at  lower  wages,  and  oftentimes  there  is  a  tendency  to  re- 
place higher  paid  employes  with  the  later  comers,  that  is,  for 
the  wages  of  all  to  be  reduced  unless  invention,  the  opening  up 
of  new  resources,  improvements  in  organization,  or  something 
keeps  the  value  of  the  output  from  falling  per  capita. 

Voluntary  organizations  and  governmental  action  other  than 
fixing  wages  can  do  much  to  improve  conditions  of  wage  earners, 
and  most  that  can  be  done  in  this  way  should  be  done  so  as  to 
prevent  the  necessity  of  much  state  wage  fixing.  But  in  some 
cases  minimum  wages  are  desirable.  People  are  often  short-sighted 
and  harm  themselves  and  society ;  it  is  not  true  that  the  individual 
acting  as  he  will  unrestrained  by  law,  always  promotes  the  best 
interest  of  society;  consequently  we  have  found  it  necessary  to 
pass  compulsory  education  laws,  to  provide  free  public  schools, 
to  fix  hours  of  labor,  and  to  do  a  thousand  other  things.  For  the 
same  reasons,  it  may  be  best  in  the  long  run  to  fix  minimum  wages 
in  some  cases. 

It  seems  best  to  begin  with  women  and  children  and  not  with 
men.  The  former  are  subject  to  peculiar  dangers,  are  less  apt 
to  secure  adequate  wages,  and  the  evil  results  to  future  society 
are  fraught  with  more  serious  evils  than  in  the  case  of  men.  But 
the  logic  of  the  minimum  wage  applies  to  men  also  and  later  it 
may  be  best  to  apply  the  law  to  them  also.  Experience  with  its 
application  to  women  and  children  will  be  a  valuable  guide  in 
such  case. 

The  immediate  results  of  such  a  law  are  apt  to  be  harmful 
just  as  with  workmen's  compensation ;  ultimate  effects  of  a  good 
law  properly  administered  should  be  beneficial. 


Statement  of  Thomas  N.  Carver 

The  very  best  way  of  raising  the  wages  of  unskilled  labor  and 
thereby  eliminating  unnecessary  poverty  would  be  to  reduce  the 
supply  of  unskilled  labor.  This  could  be  done  by  a  combination  of : 

First,  a  better  system  of  vocational  education  to  train  men  out 
of  the  under-paid  and  into  the  well-paid  occupations  and  pro- 
fessions. 


MixiMUM  Wage  Symposium  603 

Second,  by  restricting  immigration  in  such  a  way  as  to  elimi- 
nate unskilled  workers,  and 

Third,  by  restricting  marriage  in  such  a  way  as  to  reduce  the 
number  of  marriages  and  the  number  of  births  among  the  least 
skilled  and  most  poorly  paid  of  our  people. 

There  does  not  seem  to  be  any  sincere  desire,  either  on  the  parr 
of  social  reformers,  social  workers,  or  philanthropic  agencies,  to 
attack  the  problem  in  this  direct  and  efficient  manner.  Our 
unctious  social  uplifters  are  willing  to  do  anything  for  labor 
except  that  which  will  really  do  something  for  labor. 

The  next  best  way,  possibly  the  only  way  that  stands  a  chance 
of  legislative  enactment,  is  a  minimum  wage  law.  This  will  ac- 
complish the  same  three  results  in  a  roundabout  way,  provided 
it  is  honestly  applied  and  not  trifled  with,  as  it  is  in  Australia. 
That  is  to  say,  if  it  is  honeistly  and  sincerely  applied,  it  will 
restrict  immigration  because  only  such  inmiigrants  can  come  as 
can  get  work  at  the  higher  wage  level  established  as  the  minimum 
by  law.  Only  the  fairly  competent  or  skilled  immigrants  will  be 
able  to  find  work  under  these  conditions. 

Again,  the  least  competent  of  our  native  workers  will  not  be 
able  to  get  jobs  at  all.  A  man  who  cannot  get  a  job  on  any  con- 
sideration will  hardly  be  likely  to  marry  and  reproduce  his  kind. 

Again,  if  young  men  realize  that  a  failure  to  fit  themselves  for 
somewhat  skilled  work  may  mean  the  failure  to  get  a  job  on  any 
terms,  and,  therefore,  pauperism,  they  will  be  spurred  on  to 
somewhat  better  endeavor  to  train  themselves  and  acquire  the 
necessary  skill  and  capacity. 

If,  however,  the  minimum  wage  law  is  inefficiently  or  dis- 
honestly administered  —  that  is,  if  exceptions  are  made  in  favor 
of  any  one  who  cannot  get  a  job  at  the  minimum  wage,  and  in- 
stead of  sending  him  to  the  almshouse  he  is  allowed  to  work  for 
less  than  the  minimum,  no  good  results  will  follow.  It  will  only 
be  another  addition  to  the  long  list  of  futile  and  insincere  at- 
tempts on  the  part  of  social  uplifters  to  do  something  for  labor 
without  being  able  to  do  that  which  will  really  do  something  for 
labor. 


004  Appendix  III 

Statement  of  Sidney  J.  Chapman 

I  think  it  occasionally  happens  that  wages  are  materially  lower 
than  they  need  be.  The  cause  may  be  that  the  workers  are  scat- 
tered and  have  no  organization,  or  that  for  some  reason  they  are 
weak  in  bargaining  power,  or  it  may  be  that  the  employers  are 
not  in  effective  competition.  Broadly  put,  I  should  say  that 
there  are  many  cases  in  which  social  friction  works  against  the 
wage  earner,  and  of  course  it  seldom  happens  that  theory  works 
out  exactly  in  any  case.  When  wages  are  very  low  for  the  reason 
given,  the  State  certainly  ought  to  consider  whether  action  on 
its  part  might  not  prove  beneficial.  In  some  instances  a  good 
deal  might  be  done  by  voluntary  effort  to  organize  the  workpeople, 
but  voluntary  effort  cannot  always  be  relied  upon,  and  what  is 
needed  is  occasionally  beyond  its  sphere.  I  think  the  English 
Government  has  certainly  done  some  good  by  instituting  Labor 
Exchanges  with  adult  and  juvenile  branches.  These  have  the 
effect  of  preventing  certain  callings  into  which  people  are  apt  to 
drift  from  getting  an  over-supply  of  labor  which  of  course  event- 
uates in  a  fall  of  wages. 

Another  step  taken  in  England  has  been  the  institution  of 
Wage  Boards  to  decree  minimum  wages.  We  have  had  little  ex- 
perience as  yet  of  the  effect  of  Wages  Boards,  but  as  far  as  I  can 
gather  they  have  succeeded  in  raising  wages  without  causing  un- 
employment or  any  appreciable  degree  of  unemployment.  One 
desirable  consequence  of  the  Wages  Board  has  been  to  bring 
employers  and  employees  together  to  discuss  the  problems  of  the 
trade. 


Statement  of  John  Bates  Clakk 

In  an  article  in  the  "Atlantic  Monthly  "  of  September,  191 '3,  I 
expressed  more  fully  than  I  can  do  by  letter  the  views  I  held  and 
still  hold  on  the  subject  of  minimum  wage  legislation.  The  view 
favors  a  conservative  law  by  which  (1)  the  rate  in  case  of  each 
grade  and  kind  of  labor  would  be  fixed  by  a  commission ;  (2)  care 
would  be  taken  not  to  set  the  rate  above  a  normal  market  rate 
and  thus  not  high  enough  to  cause  a  disastrous  discharge  of 
workers  unable  to  produce  enough  to  get  the  legal  wage;  (3)  pro- 


]\riNniu:\r  Wage  Sy]\iposium  605 

vision  for  exceptional  classes  that  are  natnrally  nnable  to  earn 
the  legal  minimum  amomit;  (4)  thorough  and  intelligent  measures 
for  the  relief  of  unemployment. 

I  do  not  suppose  that  this  summary  of  points  is  of  great  value, 
but  short  of  repeating  the  contents  of  the  article,  I  could  hardly 
present  the  arguments  in  their  favor. 


Statement  of  John  K.  Commons 

I  have  had  my  lectures  on  the  subject  taken  down  and  thought 
I  could  send  you  a  copy  of  same,  but  they  are  too  condensed  for 
practical  use.  I  can  only  say  in  reply  to  your  inquiry,  tliat  after 
going  over  as  carefully  as  possible  the  literature  on  this  subject  for 
this  and  foreign  countries,  I  am  more  strongly  convinced  than 
ever  not  only  of  the  great  need  of  minimum  wage  legislation,  as 
applied  to  women,  but  also  of  the  practicability  of  drawing  up  a 
bill  and  providing  for  the  machinery  which  will  make  it  reason- 
ably effective. 


Statement  of  Davis  R.  Dewey 

I  am  sympathetically  inclined  towards  legislation  establishing 
a  minimmn  wage  in  behalf  of  any  class  which  cannot  make  itself 
effectively  felt  in  bargaining  with  the  employer.  Just  how  far 
such  legislation  should  go,  I  prefer  to  leave  to  experience  and 
take  one  step  at  a  time.  Men,  and  some  w^omen,  through  trade 
unions,  frequently  establish  the  minimum  wage  through  organized 
effort.  Where  workmen  are  too  helpless  or  too  ignorant  to  secure 
a  fair  living  wage,  I  am  in  favor  of  State  action.  It  seems  to  me 
that  history  has  shown  that  even  if  there  is  not  at  the  outset  a 
corresponding  increase  in  production,  better  conditions  of  living 
tend  ultimately  to  raise  the  productive  power.  I  am  not  in  favor 
of  laying  down  any  general  principles  which  would  be  applicable 
to  all  classes  in  all  sections  of  the  country,  but  I  believe  that 
society  can  safely  experiment  along  this  line. 


60C  Appendix  III 

Statement  of  Frank  A.  Fettek 

I  am  unable  to  give  to  a  reply  the  time  which  such  a  vital 
subject  deserves  to  receive  from  any  serious  student  of  economics. 
I  cannot  resist  your  courteously  repeated  request  and  I  will 
briefly  indicate  my  point  of  view. 

My  attitude  is  one  of  grave  doubt  as  to  the  practical  advan- 
tages of  the  minimum  wage.  This  is  not  an  evidence  of  any  lack 
of  interest  in,  or  of  sympathy  for,  the  conditions  of  low  paid 
workers.  I  readily  accept  your  statement  that  tlie  investigations 
have  shown  that  in  many  cases,  wages  are  insufficient  to  main- 
tain workers  in  health  and  decent  comfort.  The  minimum  wage 
is  a  doubtful  remedy  involving  in  some  cases  the  taking  away 
what  wage  there  is.  The  plan  is  in  its  nature  simply  negative. 
An  employer  cannot  be  made  to  pay  any  particular  worker  a  speci- 
fied higher  wage  but  he  is  merely  forbidden  to  pay  anybody 
a  lower  wage. 

In  its  theoretical  aspect,  the  problem  is  pretty  plaiji.  In  a 
certain  industry  the  number  of  workers  is  such  that  the  wage 
where  demand  and  offer  come  to  an  equilibrium  is  a  very  low 
one,  say  $5.00.  The  employers  can  get  all  the  workers  that  they 
need  at  that  price.  Experience  warrants  the  assumption  that 
some  employers  (though  not  so  many)  would  continue  to  employ 
some  workers  (though  not  so  many).  (See  figure.)  By  withdraw- 
ing a  certain  number  of  employees  from  that  trade  (those  between 
$10  and  $15)  the  price  could  be  made  to  rise  from  $5  to  $8  (which, 
for  example,  we  may  call  the  living  wage).  The  various  prices  bid 
with  variations  in  the  number  of  workers  demanded  may  be  repre- 
sented by  a  postulated  curve  the  exact  shape  of  which  could  not 
be  known  in  advance  of  experience.  If  in  a  natural  way,  the 
number  of  workers  was  cut  down,  in  that  trade,  the  price  resulting 
would  be  a  true  equilibrium.  But  a  state  of  unstable  equilibrium 
can  be  brought  about  artificially  by  the  legal  restriction  of  the 
minimum  wage  law.  This  cuts  off  and  throws  out  of  employment 
all  the  workers  represented  on  the  curve  below  $8.  There  seems  a 
good  reason  to  believe  that  this  number  would  be  large.  For  the 
workers  employed  below  $5  must  meet  a  new  group  of  competitors 
when  the  wage  goes  up  to  $8,  There  are  tens  of  thousands  of 
workers  in  other  occupations  who  would  not  care  for  these  places 


MiNiMu^r  Wage  Symposiu^[ 


607 


at  $5  but  who  are  eager  for  tliem  at  $8.  .On  the  part  of  the  em- 
ployer there  are  many  latent  possibilities  of  substitution  ;  men  may 
take  the  places  of  women,  better  trained  workers  take  the  places  of 
poorer  trained,  machinery  introduced  that  would  not  pay  when 
wages  were  lower.  In  most  cases,  the  cost  remaining  can  be  shifted 
upon  customers  and  business  will  be  curtailed  or  shut  down  when 
this  is  not  the  case.  There  is  little  aid  and  comfort  in  this  to  large 
numbers  of  the  workers  whose  wages  it  was  meant  to  raise.  They 
lose  their  positions  and  not  being  able  to  do  work  for  which  any 
employer  will,  as  a  mere  business  matter,  pay  $8  they  are  legally 
excluded  from  all  employment. 


#8 


0 
<0 


Wagc  UEVCL- 


M»*V(Pit(ri    wA»e    FixCU) 


Nv/MBCR.  OP         VVoRKeilS 


Wherever  this  occurs  they  have  become  public  charges.  The 
legislature  comes  face  to  face  then  at  length  with  the  real  problem, 
the  existence  of  weak,  ill-trained  workers  in  particular  occupa- 
tions not  worth  enough  under  market  conditions  to  any  employer 
to  make  it  to  his  interest  to  pay  a  living  wage,  and  unable  to 


608  Appendix  III 

shift  to  any  other  employment  in  which  better  wages  are  paid. 
Doubtless  some  of  those  who  advocate  the  minimum  wage  do  so 
with  knowledge  of  its  limitations.  They  do  so  in  the  hope  of 
bringing  the  community  at  length  to  see  the  true  problem.  They 
speak  and  act  as  social  workers  and  not  as  economists.  I  must 
confess  to  feeling  the  temptations  of  this  view  and  I  hesitate  to 
oppose  a  proposition  prompted  by  such  humane  sympathies. 

Probably  much  of  the  advocacy  of  the  measure  is  on  the  prin- 
ciple of  trial  and  error.  The  problem  is  difficult  and  no  sure 
solution  is  in  sight.  At  least  we  might  try  the  minimum  wage 
and  see  what  happens.  If  it  does  not  work,  it  may  be  that  no 
great  harm  will  be  done.  Anyhow,  we  may  then  try  something 
else.  There  is,  alas,  little  more  reasoning  in  this  than  in  the  fly 
buzzing  against  the  window  pane. 

The  real  issue  to  be  decided  is  whether  to  put  the  weaker  class 
and  the  weaker  members  under  special  public  guardianship. 
This  done,  the  minimum  wage  is  one  measure  for  their  relief. 
There  are  surely  other  measures  which  will  act  directly  upon 
the  causes:  limitation  of  foreign  immigration,  restriction  of  the 
movement  of  weaker  population  to  cities,  compulsory  industrial 
education,  fuller  custodial  care  for  defectives,  the  larger  develop- 
ment of  social  insurance,  especially  survivor  insurance  for  women 
and  children,  and  other  measures  with  advocates  among  social 
students.     I  wish  a  profitable  outcome  to  your  inquiry. 


Statement  of  George  G.  Gkoat 
That  the  subject  of  legal  minimum  wage  has  passed  beyond 
the  point  of  abstract  theoretical  discussion  is  evident  to  any  one 
who  has  kept  posted  on  the  legislation  of  the  last  two  or  three 
years  and  the  administrative  work  of  various  commissions.  Dis- 
cussion, purely  academic  in  nature,  is  no  longer  of  value.  The 
issue  is  a  practical  one.  It  is  the  expediency  or  the  inexpediency 
of  entering  upon  this  new  policy  that  is  to  be  determined. 

Yet  to  say  that  academic  discussion  is  not  in  place  is  by  no 
means  the  same  as  saying  that  the  principles  upon  which  mini- 
mum wage  legislation  is  based  are  of  no  importance,     l^rinciples 


Minimum  Wage  Symposium  609 

must  always  lie  back  of  expediency,  thougli  it  may  not  always  be 
expedient  to  apply  the  principles  in  any  given  set  of  conditions. 
In  short,  principles,  though  always  controlling  are  not  of  universal 
application. 

The  following  propositions  are  governing  in  determining  a 
legal  minimum  wage  policy: 

1.  Eacts  must  show  that  wages  paid  (annual  money  income), 
furnish  an  income  inadequate  to  provide  for  a  reasonable  stand- 
ard of  living  set,  in  part  at  least,  by  the  conditions  of  the  work. 
This  means  a  careful  investigation.  At  best,  it  cannot  escape 
from  a  degree  of  error  on  the  standard  of  living  side.  Yet  even 
if  the  results  be  admittedly  approximate,  there  may  remain  a 
sufficient  margin  of  truth  on  which  to  rest  a  strong  claim  for 
action.  Without  this  margin,  established  by  accurate  investiga- 
tion, there  can  be  no  reason  for  legislation. 

2.  The  recognition  of  social  economics  has  proceeded  too  far  to 
justify  one  in  taking  the  position  that  standards  of  living  must 
always  and  unconditionally  rest  upon  earnings,  particularly  when 
wages  paid  are  synonymous  with  earnings.  The  "iron  law  of 
wages"  has  an  interest  now  that  is  historical  only.  It  is  more 
and  more  generally  recognized  that  as  a  matter  of  social  necessity 
incomes  must  in  some  manner  be  divided  so  as  to  make  possible 
the  realization  of  a  positive  minimum  standard  of  living.  Though 
it  is  very  desirable  that  this  principle  should  have  universal 
application,  it  cannot  be  applied  all  at  once.  Yet,  a  beginning 
is  possible  through  the  establishment  of  a  legal  minimum  wage 
wherever  the  social  need  for  it  has  been  clearly  demonstrated. 

3.  In  face  of  this  principle  the  question  of  means  becomes 
secondary.  A  minimum  standard  being  an  economic  and  social 
necessity,  the  legal  and  administrative  readjustments  become  also 
necessary.  This  may  appear  to  dispose  of  practical  administrative 
difficulties  somewhat  summarily.  No  other  position  is  tenable, 
however.  Laws  and  administrative  organizations  are  means,  and 
must  be  adapted  and  adjusted  to  ends  outside  of  themselves.  Some 
retardation  in  securing  these  ends  may  be  a  practical  necessity, 
but  there  is  danger  in  overemphasizing  this. 

4.  On  the  economic  side,  where  low  wages  are  paid  to  make  up 
for  the  inefficiency  of  a  manager,  when  better  wages  are  paid  by 

Vol.  1  —  20 


610  Appendix  III 

some  of  his  competitors,  society  cannot  afford  to  subsidize  its  in- 
efficient managers  in  this  way.  Competition  does  not  mean  that. 
Competition  means  at  least  one  thing,  and  that  is  the  survival  of 
those  best  adapted  to  carry  on  society's  industries.  There  is  no 
justification  for  allowing  one  manager  to  do  what  others  do  not  do, 
in  this  matter. 

5,  Where  prices  for  the  article  are  so  low  that  low  wages  must 
be  paid  by  all  in  order  to  maintain  the  industry,  then  we  are  face 
to  face  with  the  choice  of  low  wages  with  all  the  social  ills  that 
follow  or  the  abandoning  of  the  industry.  It  may  seem  heroic  to 
force  a  choice  of  this  kind.  The  principles  involved  are  so  deep- 
seated  that  the  choice  cannot  be  escaped.  The  difficulty  is  in 
making  consciously  the  right  choice  instead  of  allowing  the  alter- 
native to  exist  by  default.  Readjustments,  if  brought  about 
slowly,  can  be  affected. 

6.  The  probability  of  forcing  out  of  work  the  relatively  incom- 
petent because  of  the  necessity  for  paying  a  higher  wage  is  a  sit- 
uation that  cannot  be  overlooked.  It  presents  a  difficulty  that  is 
undoubtedly  very  real.  The  fact  is,  however,  that  two  difficulties 
hitherto  confused  are  separated  and  each  stands  out  as  a  problem 
in  itself.  To  separate  the  more  from  the  less  efficient  is  in 
itself  a  decided  gain.  The  weak  are  not  then  imposing  their  weak- 
ness on  the  strong.  It  is  better  to  know  the  inefficient  and  face 
the  separate  problem  of  caring  for  them  than  to  allow  them  to 
drag  others  down  below  the  wage  standard  that  otherwise  might 
be  self-supporting. 

From  these  principles  the  conclusion  is  inevitable.  Where 
economic  forces  themselves  fail  to  bring  about  a  distribution  of 
wealth  such  that  reasonable  standards  of  living  are  possible  to 
maintain  with  the  wages  received,  some  interference  with  these 
forces  is  necessary.  Of  the  many  possible  ways  of  accomplishing 
the  desired  results,  the  plan  of  the  legal  minimum  wage  is  the  least 
radical  remedy  that  will  accomplish  the  desired  result. 


Statement  of  John  H.  Gray 
Your  inquiry  in  regard  to  the  minimum  wage  reaches  me  at 
a  time  when  it  becomes  impossible  for  me  to  make  any  adequate 
reply,  or  a  reply  of  more  than  a  very  few  lines. 


Minimum  Wage  Symposium  611 

I  think  nearly  all  men  in  my  line  of  study  have  come  to  the 
conclusion  that,  desirable  as  it  is  to  preserve  competition  where- 
ever  possible,  competition  is  no  longer  to  be  trusted  to  pro- 
tect the  individual  where  the  competition  is,  on  the  one  hand 
between  as  large  business  units  as  we  have,  and  on  the  other  hand 
between  as  weak  members  of  society,  economically  considered,  as 
women  and  children;  and  any  attempt  to  apply  the  old  doctrine 
with  its  concomitant  of  freedom  of  contract,  in  this  particular 
instance,  is  sure  to  be  disastrous.  In  view  of  the  present  stand- 
ards of  living  and  the  present  condition  of  the  class  of  workpeople 
imder  consideration,  we  are,  I  think,  generally  convinced  that  the 
results  have  already  been  highly  injurious  to  social  welfare,  and 
that  there  are  no  natural  forces  which  tend  to  remedy  the  evil. 
Therefore,  State  interference  and  a  public  fixing  of  a  minimum 
wage  for  this  particular  class  of  work  people  seems  highly  desir- 
able. It  goes  without  saying  that  such  standards  ought  to  be  fixed 
after  the  most  careful  and  impartial  investigation  in  each  indivi- 
dual instance. 


Statement  of  M.  B.  Hammond 
In  the  first  place,  let  me  say  that  my  information  in  reference  to 
the  working  of  a  minimum  wage  law  has  been  obtained  chiefly 
as  a  result  of  a  visit  made  to  'New  Zealand  and  Australia  during 
the  years  1911  and  1912,  when  I  made  a  thorough  investigation 
of  the  working  of  compulsory  arbitration  courts  and  of  the  wages 
boards.    It  is  concerning  the  wages  boards  that  I  am  now  writing 

you. 

First. —  In  my  opinion,  a  minimum  wage  law  is  advisable  if 
it  can  be  secured  through  legally  established  wages  boards,  rather 
than  by  the  statute  itself  or  by  a  state  commission.  If  an  attempt 
is  made  to  fix  rates  of  wages  by  statute  or  by  commission,  not 
enough  weight  will  be  given  to  the  differences  in  the  various  in- 
dustries, or  to  the  differences  in  localities.  If  a  wages  board  is 
established  for  each  trade,  made  up  of  those  who  are  directly  en- 
gaged in  the  trade,  there  being  an  equal  number  of  employers 
and  employees,  they  will  know  the  competitive  conditions  in  the 
industry  which  must  be  met,  and  what  are  the  possibilities  in  the 
way  of  a  minimum  wage. 


612  Appendix  III 

I  do  not  favor,  therefore,  such  a  plan  as  is  now  found  in  the 
state  of  Utah,  where  the  legislature  has  fixed  what  it  regards  as  a 
proper  wage  for  women  engaged  in  industry,  nor  do  I  favor  the 
plan  now  in  use  in  Oregon  and  Washington,  where  a  state  com- 
mission, after  investigation,  fixes  one  rate  for  manufacturing  in- 
dustries throughout  the  state  outside  the  chief  industrial  cen- 
ters, and  another  for  the  same  industries  in  the  large  cities;  still 
another  rate  for  those  engaged  in  mercantile  establishments,  etc. 

Second. —  I  am  inclined  also  to  believe  that  it  is  a  mistake  to 
have  on  a  wages  board  any  more  than  one  person,  aside  from  those 
who  are  there  to  represent  the  employers  and  employees.  There 
must  be  this  one  person  (the  chairman)  to  give,  if  necessary,  the 
casting  vote,  otherwise,  frequently,  no  conclusion  whatever  will  be 
reached.  If,  however,  other  persons,  supposed  to  represent  public 
interests,  act  on  these  boards,  they  will  throw  the  weight  of  their 
sympathies  or  business  interests  in  favor  of  one  side  or  the  other, 
and  the  minimum  wages  fixed  will  not  represent  the  opinions  of 
those  who  are  alone  able  to  realize  what  an  industry  is  able  to 
stand. 

The  move  to  have  certain  representatives  of  the  public  at  large 
on  the  boards,  undoubtedly,  proceeded  from  good  motives,  but 
since  it  is  impossible  to  proceed  too  rapidly  in  the  matter  of  read- 
justing wages  without  causing  embarrassment  to  the  industry,  I 
think  it  is  decidedly  better  that  a  wage  board  should  as  nearly  as 
possible  be  a  case  of  pure  collective  bargain,  such  as  is  found 
when  employers  and  trade  unions  meet  to  fix  a  wage  scale. 

Third. —  The  fixing  of  wages  carries  with  it,  of  necessity,  the 
fixing  of  the  maximum  number  of  hours  for  which  wages  are  to  be 
paid.  It  also  makes  necessary  the  establishment  of  rates  to  be  paid 
for  overtime,  and  also  the  number  or  proportion  of  apprentices 
in  the  trade.  Failure  to  fix  the  number  of  apprentices  means  that 
juvenile  labor  will  be  used  to  displace  adult  labor,  as  appears  to 
be  the  case  now  in  the  state  of  Oregon,  if  reports  from  there  are 
correct. 

In  Victoria,  the  first  law  establishing  wages  boards  gave  au- 
thority to  the  board  to  fix  the  number  or  proportion  of  apprentices, 
but  owing  to  the  objection  of  employers,  this  power  was  later  taken 
from  the  board.    Removal  of  this  power  produced  something  like 


Minimum  Wage  Symposium  613 

chaos  in  a  number  of  industries,  especially  in  certain  branches  of 
the  clothing  trade,  and  there  was  a  great  increase  in  the  number 
of  juvenile  workers  with  a  corresponding  decrease  in  the  number 
of  adults. 

It  was  therefore  found  necessary  to  restore  to  the  board  the 
power  to  fix  the  number  and  proportion  of  apprentices.  The  exer- 
cise of  such  power,  undoubtedly,  causes  more  or  less  hardship, 
especially  to  the  smaller  establishments,  but  it  seems  to  be  essential 
to  the  working  of  the  wages  board  plan. 

Fourth. —  If  it  were  possible  in  the  American  States  to  establish 
a  minimum  wage  for  men  as  well  as  for  women  and  young  per- 
sons, I  should  certainly  favor  such  a  plan.  In  my  opinion,  the 
minimum  wage  is  needed  for  unskilled  male  labor  fully  as  much 
as  for  female  labor.  Owing  to  the  attitude  of  the  courts,  how- 
ever, such  legislation  may  not  be  advisable.  In  the  state  of  Ohio, 
a  recent  constitutional  amendment  makes  a  minimum  wage  for 
men  as  well  as  for  women  permissible,  but  even  then,  there  is 
danger  that  the  Federal  courts  might  hold  that  such  a  law  would 
impair  the  obligation  of  contracts. 

There  are  many  difficulties,  however,  in  fixing  the  minimum 
wage  for  women  and  not  for  men.  There  is  danger  that  it  will 
cause,  to  a  certain  degree,  a  displacement  of  women  by  men. 
Even  where  the  minimum  wage  can  be  fixed  for  both  men  and 
women,  such  displacement  has  taken  place  at  times  when  the 
board  undertook  to  establish  equal  wages  for  men  and  for  women. 
The  author  of  the  Wages  Board  Law  in  Victoria,  Sir  Alexander 
Peacock,  at  first  proposed  to  create  boards  which  should  fix  the 
minimum  wage  for  women  and  for  young  persons  only,  but  when 
the  matter  was  discussed  in  Parliament,  the  opinions  of  the  busi- 
ness men  seemed  to  be  that  this  would  result  in  displacement  of 
women,  and  therefore  the  act  was  made  applicable  to  men  as  well 
as  to  women. 

Fifth. —  Under  any  system  of  wage  regulation,  which  attempts 
to  fix  a  minimum  wage,  there  will  inevitably  be  a  certain  dis- 
placement of  labor,  particularly  of  the  old,  infirm  and  naturally 
slow  workers.  Of  course,  this  need  not  be  the  case  if  the  workers 
are  employed  on  piece  rates.  Even  then,  however,  I  am  inclined 
to  think  that  many  manufacturers  will  get  rid  of  those  who  are 


614  Appendix  III 

unable  to  work  up  to  a  certain  satisfactory  standard.  If  they 
are  employed  on  time  wages,  they  are  certainly  displaced  unless 
the  law  also  gives  authority  to  those  administering  the  act  to 
grant  permits  to  the  old,  infirm  and  naturally  slow  workers  to 
continue  to  work  at  a  rate  of  pay  less  than  the  minimum  estab- 
lished by  the  board,  but  at  no  less  than  the  rate  fixed  in  the  permit. 

Such  a  system  seems  to  have  worked  fairly  well  in  Victoria 
and  other  Australian  states  with  either  the  wage  board  system  or 
the  compulsory  arbitration  court  method  of  regulating  wages. 
Even  then  there  are  unquestionably  a  certain  amount  of  displace- 
ments, since  many  employers  do  not  care  to  employ  men  whose 
low  productive  power  is  evidenced  by  the  possession  of  a  permit. 

Sixth. —  A  successful  administration  of  a  minimum  wage  law, 
whether  this  minimum  be  fixed  by  wages  boards  or  otherwise,  will 
necessitate  the  employment  of  a  considerable  force  of  inspectors. 
In  Australia,  these  inspectors  are  the  regular  factory  inspectors, 
but  some  idea  as  to  the  number  needed  may  be  furnished  by  the 
statement  that  in  Melbourne,  a  city  of  less  than  600,000  popula- 
tion, there  are  in  the  neighborhood  of  thirty  inspectors,  who  look 
after  violations  of  the  minimum  wage  law,  as  well  as  violation  of 
the  factory  laws.  In  fact,  in  Victoria,  the  minimum  wage  law 
is  merely  a  portion  of  the  General  Factories  Act. 

There  are  many  other  matters  which  need  be  dealt  with  in 
connection  with  the  proposal  for  minimum  wage  legislation  in 
this  country,  but  I  think  I  have  touched  on  what  appears  to  me 
to  be  the  most  important  ones  which  come  up  for  consideration. 


Statement  of  E.  W.  Kemmereb 
In  your  letter  of  October  1st  you  say  that  you  are  requesting 
a  small  number  of  economists  to  assist  your  commission  by  sub- 
mitting a  memorandum  on  the  subject  of  minimum  wage  legisla- 
tion, and  you  ask  me  to  submit  such  a  memorandum  giving  my 
views  as  to  the  reasons  for  such  legislation,  the  extent  to  which 
it  should  be  enacted,  and  the  difficulties  of  administration  to  be 
overcome.  Because  of  the  public  interest  involved  in  the  satis- 
factory solution  of  this  problem,  I  take  pleasure  in  complying 


Minimum  Wage  Symposium  615 

with  your  request,  although  I  have  no  claim  to  being  an  expert  in 
this  branch  of  economics. 

The  principle  of  the  minimum  wage  is  sound  in  economic 
theory  and  its  practicability  is  supported  by  a  substantial  amount 
of  successful  experience,  running  over  a  number  of  years  in  other 
countries.  The  time  seems  to  me  to  be  opportune  for  the  intro- 
duction of  minimum  wage  legislation  into  the  State  of  New  York. 
Although  it  should  be  remembered  that  progress  in  such  a  reform 
must  be  made  slowly  if  it  is  to  endure,  and  that,  largely  through 
the  method  of  trial,  error,  adaptation  and  re-trial. 

The  argument  in  favor  of  the  minimum  wage  that  appeals 
to  me  most  strongly  may  be  stated  as  follows :  Competition  works 
very  imperfectly,  and,  from  the  social  point  of  view,  inadequately, 
in  providing  a  fair  wage  for  certain  classes  in  the  community 
who  are  weak  in  their  bargaining  powers  because  of  ignorance, 
lack  of  organization  and  immobility.  The  causes  for  this  have 
recently  been  well  summarized  by  Professor  Henry  R.  Seager 
in  a  presidential  address  before  the  American  Association  for 
Labor  Legislation  (American  Labor  Legislation  Review,  Febru- 
ary, 1913,  pp.  81-91)  and  therefore  need  not  be  enumerated  here. 

The  result  of  this  condition  is  that  many  industries  have  in  a 
considerable  degTee  become  parasitic,  such  for  example  as  most 
of  our  "  sweated  "  industries  and  many  of  our  department  stores. 
The  wages  paid  are  not  sufficient  to  maintain  the  physical  and 
moral  efficiency  of  a  large  part  of  the  workers. 

The  manufacturer  conserves  his  machines  because  they  belong 
to  him  and  when  they  are  worn  out  he  must  buy  new  ones,  and 
he  sets  aside  a  part  of  his  profits  every  year  to  cover  their  de- 
preciation, so  that  when  the  old  ones  are  worn  out  funds  are  at 
hand  for  new  ones.  The  case  of  purchasing  labor  on  the  other 
hand  is  like  renting  a  machine  without  financial  responsibility 
for  the  condition  in  which  it  is  returned.  The  employer  in 
sweated  industries  for  example  has  little  selfish  motive  in  main- 
taining the  future  efficiency  of  his  "  human  machines "  since 
they  do  not  belong  to  him,  and  when  they  have  been  exploited 
to  the  limit  they  can  be  thrown  upon  the  scrap  heap  and  be  re- 
placed by  others.     Society,  however,  must  meet  the  "  depreciation 


616  Appendix  III 

charges  "  in  the  form  of  charities  and  institutions  for  the  care  of 
defectives  and  criminals.  The  social  expense  of  such  exploita- 
tion is  often  a  continuing  one,  since  the  victims  are  not  only  those 
who  have  been  themselves  exploited  but  often  also  their  children. 
Or  again  the  situation  is  analagous  to  that  which  at  one  time  was 
common  in  this  country  when  farmer  tenants  under  severe  com- 
petition robbed  and  ruined  the  land  belonging  to  others  in  order 
to  obtain  a  large  temporary  profit,  and  without  regard  to  the  con- 
sequences for  the  land  owner  or  for  the  community. 

The  great  difference  between  these  two  illustrations  and  the 
type  of  exploitation  we  have  in  parasitic  industries,  is  that  in  the 
latter  case  it  is  not  an  iron  machine  or  a  piece  of  land  that  is 
being  exploited  but  the  lives  of  human  beings. 

In  these  industries  it  often  happens  that  many  employers 
would  be  glad  to  pay  a  fair  compensation  to  their  employees,  but 
are  unable  to  do  so  because  of  the  competition  of  less  scrupulous 
competitors.  An  excellent  illustration  of  this  principle  was 
recently  given  by  Mr.  Paul  TJ.  Kellogg,  editor  of  The  Survey 
(American  Labor  Legislation  Review,  February  1913,  p.  103- 
104).     He  said: 

"As  things  now  stand,  the  progressive  employer  is  at  a 
disadvantage.  He  must  use  up  most  of  his  moral  energy  in 
refraining  from  being  as  bad  as  his  worse  competitors.  If 
we  can  wipe  out  that  subnormal  competition,  then  we  can 
release  as  new  constructive  factors  in  industrial  life  the  no 
longer  hard-pressed  moral  energies  of  progressive  managers. 
For  example,  it  is  common  practice  for  the  laundries  of  the 
United  States  to  require  their  ironers  to  work  half  the 
night  on  Fridays;  this  night  employment  results  in  broken 
health  and  broken  virtue  for  hundreds  of  women  yearly; 
but  we  realize  that  here  is  something  which  hinges  on  more 
than  the  moral  decision  of  any  one  laundry  owner,  that  if 
one  employer  refuses  to  work  his  plant  Friday  nights  so  as 
to  clear  up  the  week's  wash  and  give  us  our  clean  linen  for 
Sundays  his  customers  will  automatically  go  to  other  laund- 
ries and  he  will  be  put  out  of  business.  Therefore  it  is 
that  we  seek  legislation  that  will  prohibit  night  work  for  all 


Minimum  Wage  iSymposium  617 

women  in  laundries,  put  all  plants  on  an  equal  footing,  and 
make  tiie  man  with  the  dirty  bundle  of  linen  pay  in  punc- 
tuality what  has  been  and  is  now  in  many  American  cities 
being  paid  in  wasted  lives.  Our  challenge  to  the  laundry 
owner  is  for  his  moral  support  in  securing  such  legislation, 
and  in  seeing  that  it  is  enforced,  so  that  the  common  rules 
of  life  and  labor  shall  be  more  livable. 

"  Very  similar  is  our  challenge  to  employers  for  their  sup- 
port in  the  matter  of  minimum  wage  legislation  —  as  the 
first  best  chance,  not  of  harnessing  industry  to  an  impossible 
governmentalism,  but  of  releasing  industrial  managers  from 
their  present  entanglements  with  the  methods  permitted  by 
those  of  their  fellows  who  care  nothing  for  the  human  ele- 
ment in  industry." 

The  marginal  laborers  working  for  less  than  a  minimum  wage 
exercise  an  influence  upon  the  wages  of  others  often  entirely  out 
of  proportion  to  their  numbers. 

To  meet  these  evils  society  must  level  up  and  standardize  the 
rules  under  which  such  industries  may  be  conducted.  An  in- 
dustry that  cannot  pay  to  a  normal  individual  of  the  unskilled 
class  a  wage  for  full  time  service  at  least  sufficient  to  maintain 
his  physical  and  moral  efficiency,  as  a  human  being  living  under 
a  civilized  community,  is  parasitic  and  should  not  be  permitted 
by  society  to  live.  If  there  are  in  the  community,  as  some  claim, 
large  numbers  of  laborers  not  capable  of  rendering  a  service 
worth  a  living  wage,  society  should  know  this  fact  at  once  and 
should  make  provisions  for  taking  care  of  these  people  as  sub- 
normal persons  and  in  a  degree  at  least  as  wards  of  society. 
They  should  not  be  permitted  to  compete  on  the  same  plane  with 
normal  persons. 

If  the  above  reasoning  is  sound,  the  logical  conclusion  is  that 
the  minimum  wage  principle  should  be  extended  to  all  classes  of 
labor.  This  seems  to  be  the  tendency  in  Australia,  the  country 
which  has  had  the  longest  experiences  with  minimum  wage  legis- 
lation. Much  can  be  said  under  the  present  circumstances  in 
favor  of  moving  slowly  at  the  start,  and  it  seems  to  me  that  for 
the  time  being  it  would  be  well  to  follow  the  lead  of  several  of 
our  American  commonwealths  (California,  Colorado,  Massachu- 


618  Appendix  III 

setts,  Nebraska,  Oregon  and  Washington)  and  make  the  law  ap- 
plicable only  to  women  and  minors  under  eighteen  years  of  age. 

The  chief  administrative  difiiculties  seem  to  me  to  be  two  in 
number.  First:  The  determination  of  proper  minimum  wage 
scales  in  different  industries,  and  especially  for  the  same  indus- 
try in  different  parts  of  the  State.  Second :  The  handling  of  sub- 
normal and  "  learner "  classes  in  such  a  manner  as  not  to  do 
them  an  injustice  and  at  the  same  time  not  to  open  up  the  law  so 
wide  as  to  let  in  grave  abuses  under  political  pressure.  To  meet 
these  and  other  difficulties  the  law  must  be  very  exact  and  large 
discretionary  power  must  be  given  to  the  commission  in  charge 
of  its  administration.  The  success  or  failure  of  the  plan  will  de- 
pend in  a  great  degree  upon  the  personnel  of  the  commission,  and 
especially  the  first  commission.  For  the  State  of  New  York  to 
attempt  to.  economize  here,  as  done  in  many  other  States,  would 
be  a  serious  mistake.  The  California  law,  which  on  the  whole 
appears  to  me  to  be  the  State  law  most  worthy  of  imitation,  pro- 
vides for  a  commission  of  five  persons,  of  which  one  shall  be  a 
woman,  the  term  of  office  to  be  four  years,  and  the  compensation 
to  be  $10  a  day  and  expenses.  I  would  make  the  commission 
one  of  five  persons,  at  least  one  being  a  woman,  and  would  make 
the  term  five  years,  one  member  retiring  each  year.  The  com- 
missioners should  devote  all  their  time  to  the  work,  and  the  com- 
pensation should  be  sufficient  to  secure  a  high  grade  personnel, 
and  not  less  than  $5,000  a  year. 

The  commission  should  be  authorized  on  its  o^m  initiative  to 
investigate  any  industry  whose  wage  conditions  seem  to  demand 
investigation,  and  should  be  required  to  investigate  any  industry 
upon  the  request  of  a  certain  number  of  persons  (employees  or 
others),  say  fifty  or  more,  or  at  the  request  of  10  per  cent  of 
the  employees  in  the  industry,  or  at  the  request  of  employers  of 
such  a  number  of  employees.  In  regard  to  the  subpoenaing  ol' 
witnesses,  examination  of  books,  etc.,  the  commission  should  be 
given  as  large  powers  as  those  given  the  Industrial  Welfare  Com- 
mission in  the  California  law.  The  commission  should  have 
power  similar  to  that  given  in  the  California  law  (section  6)  to 
enforce  its  decisions,  and  decisions  thus  made  should  not  be  sub- 
ject to  reconsideration  by  the  commission  in  less  than  one  year. 


Minimum  Wage  Symposium  619 

Wage  boards  should  be  authorized  similar  to  those  provided 
in  the  Nebraska  law  of  1913,  that  is,  boards  consisting  of  three 
representatives  of  employers,  three  representatives  of  employees 
and  three  others  appointed  by  the  commission  as  representatives 
of  the  public  at  large.  At  least  two  of  these  boards  of  nine 
should  be  women.  The  wage  board  should  be  given  essentially 
such  powers  and  duties  as  are  given  to  the  wage  boards  in  Massa- 
chusetts by  section  4  of  chapter  706  of  the  Labor  Laws  of  Massa- 
chusetts. The  members  should  receive  the  pay  provided  in  the 
California  law,  namely  $5  a  day  and  expenses,  in  order  to  secure 
good  representatives,  and  a  two-thirds  vote  should  be  required  be- 
fore a  report  is  made  to  the  commission,  except  in  such  cases  as 
the  commission  shall  rule  otherwise. 

With  regard  to  licensing  of  subnormal  laborers  and  learners, 
section  13  of  the  Washington  law  of  1913  is  good.     It  provides: 

"  For  any  occupation  in  which  a  minimum  rate  has  been 
established,  the  commission  through  its  secretary  may  issue 
to  a  woman  physically  defective,  or  crippled  by  age  or 
otherwise,  or  to  an  apprentice  in  such  classes  of  employment 
or  occupation  as  usually  require  to  be  learned  by  appren- 
ticeship, a  special  license  authorizing  the  employment  of 
such  licensee  for  a  wage  less  than  the  local  minimum  wage; 
and  the  commission  shall  fix  the  minimum  wage  for  such 
persons ;  such  special  licenses  to  be  issued  only  in  such  cases 
as  the  commission  may  decide  the  same  is  applied  for  in 
good  faith ;  and  that  such  licenses  for  apprentices  shall  be  in 
force  for  such  length  of  time  as  said  commission  shall  de- 
cide and  determine  is  proper." 

I  would  alter  this  provision  by  introducing  the  California  prac- 
tice of  requiring  the  licenses  to  be  renewed  every  six  months,  and 
by  introducing  the  Minnesota  practice  of  limiting  the  number  of 
such  licenses  in  any  establishment,  for  women,  to  10  per  cent 
of  the  employees  in  that  establishment.  Possibly  it  would  be 
well  to  widen  this  latter  provision  by  making  it  less  rigid,  giving 
the  commission  a  certain  discretion  in  regard  to  the  percentage 
allowed.  It  seems  to  me  that  the  licensing  provision  for  sub- 
normals might  here  be  extended  to  minors,  at  any  rate  those  above 


620  Appendix  III 

a  certain  age,  say  fifteen.  Any  concessions  in  regard  to  the  em- 
ployment of  subnormals  should  be  given  full  publicity. 

There  should  be  embodied  in  the  law  rigid  provisions  to  prevent 
employers  from  discriminating  in  any  way  against  employees  who 
testify  in  any  way  in  labor  investigations,  and  to  enable  employees 
who  have  not  been  paid  a  wage  as  high  as  the  established  minimum 
wage  to  recover  the  difference  easily  with  interest  and  costs 
(follow  essentially  section  13  of  the  California  law,  but  add 
"  interest  ").  The  provision  of  the  California  law  with  reference 
to  the  matter  of  appeals  to  the  courts  from  the  decisions  of  the 
commission  (section  12)  seems  sound.  The  questions  involved 
will  be  largely  economic,  and  not  legal,  and  the  persons  best 
qualified  to  pass  upon  these  questions  will  be  the  members  of  the 
commission.  If  a  high  degree  of  publicity  is  required  concerning 
these  decisions  and  the  grounds  upon  which  they  are  based,  the 
interests  of  all  parties  will  be  adequately  safeguarded.  As  pro- 
vided in  the  California  law,  I  would  permit  the  courts  to  set  aside 
a  decision  of  the  commission  only  upon  questions  of  law  (not  of 
fact)  or  in  case  it  was  proven  that  the  decision  was  secured  by  a 
fraud,  or  that  the  commission  had  acted  outside  of  its  powers. 

One  of  the  most  useful  functions  of  the  minimum  wage  com- 
mission should  be  in  educating  the  public  of  the  State  as  to  the 
conditions  which  actually  prevail  in  certain  parasitic  industries. 
To  be  effective  the  law  should  require  vigorous  and  pitiless  pub- 
licity of  these  facts,  and  great  care  should  be  taken  that  proper 
statistics  should  be  collected,  scientifically  classified,  and  made 
accessible  to  the  public. 

The  above  suggestions  although  given  in  a  categorical  form 
for  the  sake  of  brevity,  are  not  given  with  a  categorical  spirit. 
They  are  given  with  many  doubts  and  are  intended  to  be  merely 
tentative  suggestions. 


Statement  of  Scott  Neaking 
1.  The  Necessity  for  a  Minimum  Wage. 
The  necessity  for  some  form  of  government  interference  with 
the  present  standard  of  wages  is  made  manifest  by  a  contrast  be- 


Minimum  Wage  Symposium  621 

tween  wage  scales  and  the  amount  of  income  necessary  to  maintain 
an  efficiency  standard  of  living. 

The  definition  of  a  "  standard  of  decent  living  "  is  a  very  higlily 
involved  and  difficult  matter,  nor  can  any  final  standard  be 
established.  The  ideals  and  ideas  of  successive  generations  change 
so  utterly  that  the  decent  standard  of  one  decade  might  fall  far 
short  of  furnishing  a  decent  standard  for  the  next.  In  general,  a 
standard  of  decent  living  consists  of  such  an  amount  of  food, 
housing,  clothing,  and  the  other  necessaries  of  life  as  will  main- 
tain physical  health,  provide  a  reasonable  privacy  in  the  home, 
enable  the  family  to  go  on  the  streets  in  clothing  not  noticeably 
inferior  to  that  worn  in  the  neighborhood  and  permit  parents  and 
children  alike  to  be  normal  members  of  the  community  in  which 
they  live.  Such  a  wage  is  not  a  starvation  wage  —  it  provides 
the  bare  necessaries  of  twentieth  century  American  life,  together 
with  the  minimum  of  comforts. 

The  relation  between  various  forms  of  expenditure  is  well  estab- 
lished. The  American  city  family*  with  an  income  of  less  than 
$1,000  a  year  spends  two-fifths  of  its  income  for  food,  one-fifth 
for  rent,  one-sixth  for  clothing,  and  the  remainder  (one-fifth, 
plus)  for  incidentals,  including  fuel  and  light,  health,  insurance, 
saving,  car  fare,  furniture,  recreation,  books  and  newspapers, 
and  sundry  minor  items. 

At  the  outset,  it  should  be  borne  in  mind  that  the  primary 
question  before  any  family  relates  to  the  amount,  and  not  to  ihe 
price  of  the  goods  needed  for  family  support.  There  is  a  certain 
minimum  of  food,  clothing,  shelter,  and  the  other  necessaries  of 
life  which  men  require.  That  minimum  exists  in  terms  of  eggs 
and  butter,  shoes  and  overcoats,  medical  attention  and  school 
books;  it  is  fixed  by  the  demands  of  nature  and  of  society  wholly 
independent  of  cost  or  price,  hence  the  first  question  which  arises 
in  the  discussion  of  a  subsistence  wage,  concerns  itself  with  the 
amount  of  various  commodities  which  will  constitute  subsistence 
living. 

1  The  word  "  family  "  as  used  in  this  connection  will  mean  a  man,  wife  and 
three  children  under  fourteen.  The  standard  is  arbitrary.  Roughly,  it  cor- 
responds to  the  "  average "  family.  Actually  it  is  adopted  because  it  is 
near  the  "  average  "  and  some  standard  must  be  established  before  intelligent 
discussion  is  possible. 


622  AppEin)ix  III 

The  measurement  of  the  amount  of  food  necessary  to  maintain  a 
standard  of  living  is  by  far  the  easiest  part  of  the  problem.  Food 
requirements  are  ordinarily  stated  in  calories  or  energy  units. 
The  United  States  Department  of  Agriculture,  which  had  made 
some  valuable  experiments  on  food  values,  states  that  man  in  the 
full  vigor  of  life,  doing  moderate  muscular  work,  requires  each  day 
a  quantity  of  food  containing,  as  it  is  purchased,  3,800  calories 
of  energy.  By  the  time  this  food  is  eaten,  it  will  contain  but 
3,500  calories,  from  which  quantity  the  digestive  system  extracts 
3,200  calories  of  energy.^  Rowntree  insists  that  this  estimate  of 
3,500  calories  for  a  man  doing  "  moderate  muscular  work,"  must 
be  interpreted  in  terms  of  very  moderate  work  if  it  is  to  be 
adequate.^  It  is  generally  conceded  that  from  3,200  to  3,800 
calories  of  energy,  depending  upon  the  intensity  and  character  of 
the  work  done,  must  be  supplied  to  the  body  each  day. 

The  body  has  as  much  need  of  heat  units  as  a  locomotive  has 
need  of  the  heat  units  Avhich  it  derives  from  coal.  As  food  fur- 
nishes this  energy  to  the  body,  men  must  determine  how  much 
food  the  body  needs. 

The  determination  of  the  amounts  of  housing,  clothing  and  fuel 
and  light  necessary  to  the  maintenance  of  a  standard  of  living, 
is  a  much  more  difficult  problem  than  that  involved  in  the  de- 
termination of  a  food  standard,  because  there  is  no  way  of  stating 
in  absolute  terms  what  amount  of  these  things  is  requisite  for  the 
running  of  the  body  on  an  efficiency  basis.  The  best  that  can  be 
said  is  that  (1)  necessity,  (2)  hygiene  and  (3)  decency  are  the 
governing  factors  in  each  decision.  There  is  certainly  a  minimum 
amount  of  each  of  these  goods  necessary  for  the  maintenance  of 
a  decent  living  standard.  Similarly,  expenditure  for  car  fare, 
health,  insurance  and  sundry  items  must  be  locally  determined. 
What  that  amount  may  be,  it  is  difficult  to  say  generally,  though  it 
may  be  readily  determinable  in  each  specific  case. 

Two  distinct  problems  present  themselves  in  a  study  of  the 
standard  of  living.     There  is  first,  the  problem  of  bare  subsist- 

lYear  Book  of  the  United  States  Department  of  Agriculture,  1907,  p.  371. 
Article  by  C.  F.  Langworthy. 

2  "  Poverty,"  B.  L.  Rowntree,  London,  Macmillan  Company,  Ltd.,  1901,  pp. 
1-97. 


Minimum  Wage  Symposium  62'3 

ence;  second,  the  problem  of  a  "normal,"  "decent"  or  "fair" 
standard  of  living.  The  problem  of  a  normal  or  fair  standard  of 
living  is  an  essentially  different  one  from  the  problem  of  a  mini- 
mum or  subsistence  standard.  In  contrasting  the  minimum 
standard  and  the  fair  standard,  the  author  of  a  recent  Federal 
report  states:  "The  minimum  standard  is  a  standard. of  living 
so  low  that  one  V70uld  expect  few  families  to  live  on  it.  It  will 
be  conceded  that  a  standard  of  living  upon  which  people  are  to 
live  must  include  many  things  that  are  not  allowed  by  the  mini- 
mum standard.  It  must  be  a  standard  that  provides  not  only  for 
physical  efficiency  but  allows  for  the  development  and  satisfaction 
of  human  attributes.  Just  what  is  to  be  included  in  such  a  stand- 
ard depends  upon  the  people  to  whom  it  is  applicable.  Mani- 
festly, a  standard  that  would  be  considered  fair  by  a  laboring  man 
would  not  appear  fair  to  a  financier.  Those  possessing  different 
degrees  of  wealth  have  come  to  look  upon  different  things  as 
essential  to  their  manner  of  life."^  A  minimum  standard  will 
keep  body  and  soul  together.  A  fair  standard  will  maintain  the 
health  and  efficiency  of  a  family,  and  insure  it  against  physical 
deterioration,  poverty  and  misery. 

The  determination  of  the  amount  of  goods  necessary  to  provide 
a  subsistence  standard  and  a  fair  standard  of  living  constitutes  the 
first  step  in  the  determination  of  the  cost  of  such  a  standard.  How 
many  goods  are  needed  ?  How  much  do  these  goods  cost  ?  Thus 
the  questions  follow. 

It  is  possible  by  taking  a  given  family  in  a  definite  locality,  to 
estimate  the  cost  of  the  minimum  standard  to  that  family.  For 
example,  in  a  southern  mill  town,  for  a  family  of  a  man,  wife  and 
three  children  (a  girl  of  10,  a  boy  of  6,  and  a  boy  of  4),  the  cost 
for  food  and  clothing  w^ould  be'^ 

1  Woman  and  Child  Wage  Earners  in  the  United  States,  Senate  Document, 
No.  645,  61st  Congress,  2d  Session,  Washington  Goverment  Printing  Office, 
1911,  Volume  XVI,  p.  142. 

2  Ibid,  p.  141.  An  itemized  statement  of  menus,  articles  of  clothing,  etc., 
will  be  found  in  the  report. 


624 


Appendix  III 


TABLE  I 

Cost  of  Food  and  Clothinq  fob  One  Yeab  pob  Members  of  a  Typical 

Normal  Southern  Mill  Town  Family  —  Minimum  Standard 


Members  of  Family 

Food 

Clothing 

Total 

Father 

S74  88 
59  90 
44  92 
37  44 
29  97 

$18  75 

9  25 

14  83 

10  00 

5  85 

$93  63 

69  15 

Girl  (10  years) 

59  75 

47  44 

35  82 

Total 

$247  11 

$58  68 

$305  79 

Adding  to  this  total  of  $305.79,  the  cost  for  rent,  fuel,  light  and 
sundries  ($102.47),  it  appears  that  a  family  such  as  the  one  under 
consideration  would  require  $408.26  annually  to  maintain  a 
minimum  standard  of  living  in  the  small  mill  towns  of  North 
Carolina  and  Georgia. 

This  standard  is  by  no  means  a  liberal  one,  and  the  probabilities 
of  maintaining  a  living  upon  it  are  most  precarious.  Further- 
more, "  there  can  be  no  amusements  or  recreation  that  involve 
any  expense.  No  tobacco  can  be  used.  No  newspapers  can  be 
purchased.  The  children  cannot  go  to  school,  because  there  will 
be  no  money  to  buy  their  books.  Household  articles  that  are  worn 
out  or  destroyed  cannot  be  replaced.  The  above  sum  provides  for 
neither  birth  nor  death  nor  any  illness  that  demands  a  doctor's 
attention  or  calls  for  medicine.  Even  though  all  these  things  are 
eliminated,  if  the  family  is  not  to  suffer,  the  mother  must  be  a 
woman  of  rare  ability.  She  must  know  how  to  make  her  own 
and  her  children's  clothing;  she  must  be  physically  able  to  do 
all  of  the  household  work,  including  the  washing.  And  she  must 
know  enough  to  purchase  with  her  allowance,  food  that  has  the 
proper  nutritive  value. "^  Apparently,  if  a  woman  is  to  support  a 
family  on  this  income,  she  must  have  a  skill  and  power  of  man- 
agement which  would  bring  her  from  $6  to  $12  a  week  if  she  were 
at  work  in  an  industrial  establishment  in  the  same  locality.  Need- 
less to  say,  most  women  have  no  such  ability,  and  this  is  particu- 
larly true  in  the  lower  income  groups.     Among  the  families  of 

ilbid,  p.  142. 


MrNiMTJM  Wage  Symposium 


625 


lowest  income,  where  the  necessity  for  thrift  and  careful  manage- 
ment are  the  greatest,  the  opportunities  that  children  have  to 
acquire  these  virtues  are  the  least.  Hence  the  assumption  of  the 
remarkable  qualities  which  the  authors  of  the  government  study 
demand  in  a  woman  who  is  to  pilot  a  Georgia  family  through 
365  days  on  $408.26  seems  unjustifiable.  The  exceptional  woman 
may  possess  them ;  the  average  woman  does  not. 

The  cost  of  a  minimum  standard  in  a  Massachusetts  city 
varies  somewhat  from  the  cost  for  the  southern  States.  A  compu- 
tation similar  to  that  made  for  the  southern  States  shows  the 
amount  necessary  to  maintain  a  minimum  standard  of  living  in 
a  normal  family.^ 

TABLE  II 
Cost  of  Food  ano  Clothing  fou  One  Year  for  Members  op  a  Typical 
Normal  Massachusetts  Family  —  Minimum  Standard 


Members  op  Family 

Food 

Clothing 

Total 

Father 

$83  20 
66  56 
50  52 
41  60 
33  28 

$23  80 

15  45 

18  50 

13  25 

9  00 

$107  00 

Mother 

82  01 

Girl  (10  years) 

69  02 

54  85 

42  28 

Total 

$275  16 

$80  00 

$355  16 

The  total  cost  of  maintaining  a  minimum  standard  of  living 
in  this  city  ($484.41)  is  slightly  in  excess  of  that  required  in  the 
southern  states,  largely  because  of  the  increased  amount  appor- 
tioned for  food  and  rent.  The  housewife  in  Massachusetts  is  to 
be  the  same  type  of  superwoman  as  that  demanded  in  the  Georgia 
estimate. 

The  Chapin  study  does  not  make  any  detailed  statement  of  the 
cost  of  a  minimum  standard  of  subsistence,  but  the  conclusions 
relative  to  incomes  of  from  $600  to  $700  may  be  compared  with 
the  conclusions  in  the  Federal  study,  since  they  refer  to  a  group 
living  in  an  essentially  similar  economic  status.  Dr.  Chapin 
writes:  "It  seems  fair  to  conclude  from  all  the  data  that  wt 
have  been  considering,  that  an  income  under  $800  is  not  enough 
to  permit  the  maintenance  of  a  normal  standard.    A  survey  of  the 

1  Ibid,  p.  237. 


626  Appendix  III 

detail  of  expenditure  for  each  item  in  the  budget  shows  some 
manifest  deficiency  for  almost  every  family  in  the  $600  and  $700 
groups.  The  housing  average  shows  scarcely  more  than  3  rooms 
for  5  persons.  Three-fifths  of  the  families  have  less  than  4  rooms 
and  more  than  II/3  persons  to  a  room  *  *  *  One-third  of  the 
$600  families  are  within  the  22-cent  minimum  limit  for  food,  and 
30  per  cent,  of  the  $700  families  spend  22  cents  or  under.  In 
the  same  way,  the  average  expenditure  for  clothing  in  neither  of 
these  groups  reach  $100,  and  30  per  cent,  of  the  families  are  in 
receipt  of  gifts  to  eke  out  the  supplies  of  clothing.  In  sickness 
the  dispensary  is  the  main  dependence  of  these  families.  The 
returns  as  to  the  furnishing  of  the  houses  shows  that  in  the  $600 
and  $700  gTOups  adequate  furnishing  is  scarcely  attained.^  In 
short,  the  families  living  in  New  York  City  on  incomes  between 
$600  and  $700  may  afford  none  of  the  incidental  comforts,  and 
are  so  reduced  for  necessaries  that  a  decent  standard  of  living 
cannot  be  maintained. 

The  minimum  of  the  Federal  Investigation  makes  no  allowance 
for  sickness,  saving,  insurance,  amusement,  or  recreation,  and  the 
Chapin  study  allows  little  or  nothing  for  these  purposes,  l^lever- 
theless,  it  appears  that  in  a  large  city  where  rents  are  high  (the 
I^ew  York  families  with  incomes  between  $600  and  $700  paid  an 
average  rent  of  $153.59),  an  income  less  than  $600  will  not  pro- 
vide even  the  necessities  of  existence.  In  districts,  on  the  other 
hand,  where  expenses  for  rent  are  low  ($44.81  in  the  southern 
states  and  $78  in  Massachusetts)  an  income  between  $400  and 
$500  will  provide  a  family  with  the  barest  necessaries. 

This  data  is  obviously  inadequate  as  a  basis  for  any  general 
statement.  Yet,  for  the  localities  under  consideration,  it  seems 
obvious  that  the  sums  named  are  scarcely  sufficient  to  prevent 
family  dissolution.  That  families  live  on  such  incomes  is  beyond 
question.  That  underfeeding,  congestion,  insanitation,  and  phys- 
ical decadence  are  the  frequent  products  of  such  living,  goes  al- 
most without  saying. 

The  actual  number  of  items  allowed  for  a  fair  standard  of  liv- 
ing is  somewhat  greater  than  the  number  allowed  for  a  minimum 

i"The  Standard  of  Living  Among  Workingmen's  Families  in  New   York 
City,"  R.  C.  Chapin,  N.  Y.,  Charities  Publication  Committee,  1909,  p.  245. 


Minimum  Wage  Symposium  627 

standard,  hence  the  cost  of  the  standard  exceeds,  by  a  considerable 
amount,  the  cost  of  the  minimum  standard.  The  Federal  report 
already  referred  to,  fixes  the  cost  of  a  fair  standard  for  the  south- 
em  mill  town  at  $600  per  year.  This  amount  of  income  "will 
enable  him  (the  father)  to  furnish  them  good  nourishing  food 
and  sufficient  plain  clothing.  He  can  send  his  children  to  school. 
Unless  a  prolonged  or  serious  illness  befall  the  family,  he  can  pay 
for  medical  attention.  If  a  death  should  occur,  insurance  will 
meet  the  expense.  He  can  provide  some  simple  recreation  for  his 
family,  the  cost  not  to  be  over  $15.60  for  the  year."  ^ 

The  same  relation  exists  between  the  cost  of  maintaining  a  fair 
standard  in  the  South  and  in  Massachusetts  as  that  established 
for  the  minimum  standard.  The  total  cost  of  providing  a  fair 
standard  for  the  English,  Irish,  and  Canadian  French  in  the 
Massachusetts  city  is  fixed  at  $731.98.^ 

The  Chapin  study  was  made  for  the  avowed  purpose  of  deter- 
mining the  cost  of  a  fair  standard,  and  particular  interest  there- 
fore attaches  to  the  conclusions  reached  as  a  result  of  that  investi- 
gation. In  summing  up  his  study.  Dr.  Chapin  writes:  "An  in- 
come of  $900  or  over  probably  permits  the  maintenance  of  a 
normal  standard,  at  least  so  far  as  the  physical  man  is  concerned," 
Regarding  incomes  below  $900,  Dr.  Chapin  makes  the  following 
statement :  "  Whether  an  income  between  $800  and  $900  can  be 
made  to  suffice  is  a  question  upon  which  our  data  do  not  warrant  a 
dogmatic  answer."  ^ 

One  other  less  complete,  but  highly  satisfactory  study  has  been 
made  of  Standards  of  Living  in  the  Stock  Yards  District  of  Chi- 
cago. After  an  exhaustive  investigation  of  which  a  rather  com- 
plete analysis  appears  in  published  form,  the  investigators  report 
that  the  minimum  amount  necessary  to  support  a  family  of  five 
efficiently  in  the  Stock  Yards  District  is  $800  per  year.* 

There  have  been  several  other  investigations  and  estimates,  less 
complete  and  less  conclusive,  which  lead  to  the  same  general  con- 

1  Woman  and  Child  Wage  Earners,  op.  cit.,  Volume  XVI,  p.  152. 

2  Ibid,  p.  244. 

3  "  The  Standards  of  Living  Among  Workingmen's  Families  in  New  York 
City,"  op.  cit..  p.  246. 

*  "  Wages  and  Family  Budgets  in  the  Chicago  Stock  Yards  District,"  J.  C. 
Kennedy  and  others,  University  of  Chicago  Press  ,1914,  p.  80. 


628  Appendix  III 

elusion,  namely:  that  in  the  industrial  cities  of  the  northeastern 
United  States,  the  cost  of  a  decent  standard  of  living  for  a  family 
consisting  of  a  man,  wife  and  three  young  children,  varies  from 
$750  to  $1,000. 

Whether  a  family  is  living  on  a  minimum  standard  or  a  fair 
standard  of  living,  its  bills  must  be  paid  by  the  use  of  income 
derived  from  some  source.  It  costs  $750  for  a  family  to  maintain 
a  decent  standard  of  living  in  a  certain  town.  The  question  of 
immediate  importance  before  that  family  relates  itself  to  the 
means  by  which  an  income  of  $750  can  be  procured. 

There  are  four  principal  sources  of  family  income:  (1)  earn- 
ings of  the  father;  (2)  earnings  of  the  mother;  (3)  earnings  of 
the  children ;  and  (4)  the  contributions  of  boarders  and  lodgers. 
In  addition  to  these  four  generally-relied  upon  sources,  there  are 
a  number  of  incidental  ones,  such  as  kitchen  gardens,  the  collection 
of  wood,  cast-off  clothing  and  furniture,  charity  contributions  and 
the  like. 

A  generally  accepted  Federal  report  covering  25,440  families 
in  33  states  gives  the  sources  of  family  income  as  follows:^ 

TABLE  III 

Per    Cent    of    Family    Income    Derived    from 

Various  Sources 


Husbands 79.49 

Wives 1 .47 

Children 9.49 

Boarders  and  lodgers 7.78 

Other  sources 1 .  77 


100 


The  contribution  of  husbands,  including  those  families  in  which 
there  were  no  husbands,  constitutes  four-fifths  of  the  whole  family 
income.  Women  and  children  together  contribute  one-tenth,  while 
boarders  and  lodgers  supply  the  remaining  one-tenth.  The  other 
studies  in  this  field  lead  to  the  same  conclusions. 

1  Report  of  the  United  States  Bureau  of  Labor,  1903,  Washington  Govern- 
ment Printing  Office,  1904,  p.  51. 


Minimum  Wage  Symposium  629 

Any  attempt  to  contrast  the  cost  of  a  minimum  or  fair  standard 
of  living  with  the  amounts  of  income  earned,  in  order  to  discover 
whether  the  incomes  received  are  sufficient  to  enable  the  recipients 
to  provide  a  certain  standard,  necessarily  meets  with  the  most  ex- 
treme difficulties.  Families  vary  in  size  less  than  individuals  vary 
in  the  qualification  for  earning.  Both  variations  make  general 
statements  dangerous.  Comparisons  are  rendered  more  difficult  by 
the  lack  of  data  regarding  the  incomes  of  women  and  children. 

The  most  hopeful  approach  to  the  problem  is  of  necessity  made 
through  the  study  of  the  wages  of  adult  males.  This  is  the  great 
source  of"  family  income,  and  must  continue  so  to  be  while  the 
present  organization  of  the  family  and  of  industry  continues. 

A  number  of  recent  investigations  throw  considerable  light  on 
the  wage  rates  of  adult  males.  There  are,  first  of  all,  the  Census 
figures,  showing  classified  wages  in  the  manufacturing  industries ; 
then  the  Bureaus  of  Labor  Statistics  publish  good  wage  data  in 
Massachusetts,  ITew  Jersey,  Kansas,  Wisconsin,  Oklahoma,  and 
California ;  the  State  Labor  Bureaus  and  particularly  the  Federal 
Labor  Department  have  made  special  studies  of  the  wages  in  cer- 
tain industries,  such,  for  example,  as  the  steel  industry,  the  tex- 
tile industries,  and  the  like ;  and  finally  the  Tariif  Board  presented 
some  excellent  wage  studies.  All  of  these  figures  lead  to  the  gen- 
eral conclusion  that  in  the  industries  of  the  United  States,  lying 
east  of  the  Rocky  Mountains  and  north  of  the  Mason  and  Dixon 
line,  half  of  the  adult  males  in  American  industries  receive  less 
than  $600  a  year,  that  three-fourths  are  paid  less  than  $Y50  a 
year,  while  nine-tenths  earn  a  wage  under  $1,000  a  year.^ 

This  conclusion  is  reached  by  multiplying  the  weekly  wage  rates 
by  52.  It  therefore  allows  nothing  whatever  for  that  unemploy- 
ment which  is  so  constant  a  factor  in  industrial  society. 

A  typical  wage  scale  is  that  furnished  by  the  Bureau  of  Statis- 
tics of  New  Jersey  for  males,  16  years  of  age  and  over,  employed 
in  that  state  during  1912.^ 

1"  Wages   in   the   United   States,"    Scott  Nearing,    New   York,   Macmillan 
Company,  1911. 
2  Bureau  of  Statistics  of  New  Jersey,  1913,  Paterson,  1914,  p.  124. 


630 


Appendix  III 


TABLE  IV 

M.vLZ  Employees  in  the  Manufacturinq  Industries  of 

New  Jebsbv,  Who  E  vrned  Certain  Rates  of 
Wages,  1913 


Classification  of  Weekly 
Wages 


Under  $5 

$5  but  under  $8 
8  but  under  10 
10  but  under  12 
12  but  under  15 
15  but  under  20 
20  but  under  25 
25  and  over .... 


Total 
employed 


5,896 
24,710 
47,403 
49,342 
49,151 
52,494 
18,983 
11,362 


259,341 


Per  cent 


2.3 
9.5 

18.3 
19.0 
19.0 
20.2 
7.3 
4.4 


100 


Although  wages  vary  somewhat  from  industry  to  industry  and 
from  one  geographical  region  to  another,  this  compilation  for  'New 
Jersey  gives  an  excellent  picture  of  a  wage  scale  paid  to  a  quarter 
of  a  million  men  in  one  of  the  great  industrial  states.  A  com- 
parison of  the  wages  of  adult  males  with  the  data  relative  to  the 
cost  of  a  standard  of  living,  leads  to  the  conclusion  that  if  a  mini- 
mum standard  of  living  for  a  normal  family  costs  from  $450  in  a 
small  industrial  town  to  $650  in  a  large  city  that  approximately 
half  of  the  male  wage  earners  working  under  such  a  wage  scale 
are  unable  to  provide  a  minimum  standard  in  a  small  town  and 
approximately  two-thirds  are  unable  to  provide  a  minimum  stand- 
ard in  a  large  city.  On  the  other  hand,  since  a  fair  or  an  effi- 
ciency standard  for  a  normal  family  involves  an  outlay  of  from 
$750  in  a  small  industrial  town  to  $900  in  a  large  city,  two-thirds 
of  the  wage  earners  in  small  towns  and  three-fifths  of  the  wage 
earners  in  large  cities  are  unable  to  provide  a  fair  or  efficiency 
standard  for  a  normal  family. 

There  is  one  Massachusetts  city  in  which  an  inquiry  into  wages 
and  the  cost  of  a  decent  living  standard  were  made  simultaneously.^ 
The  city  investigated  depended  primarily  upon  the  textile  indus- 
try. Among  the  adult  males  employed  in  the  textile  industry  in 
this  city,  three-fifths  of  the  adult  males  earned  less  than  $416 


1 "  Financing  the  Wage  Earner's  Family,"  Scott  Nearing,  New  York,  B.  W. 
Huebsch,  1913,  pp.  116-117. 


Minimum  Wage  Symposium  631 

per  year;  nine-tenths  earned  less  than  $624  per  year.  Compare 
these  figures  with  the  $484.41,  minimum  standard,  and  the 
$690.95  efficiency  standard,  established  by  the  Federal  study,  and 
it  appears  that  the  wages  earned  in  this  one  city  by  males  over  21 
years  of  age,  are,  in  over  half  of  the  cases,  insufficient  to  main- 
tain a  minimum  standard,  and  in  over  nine-tenths  of  the  cases 
insufficient  to  maintain  a  fair  standard  for  a  family  of  three 
children.  The  one  instance  in  which  comparable  statistics  of 
standards  and  wages  are  available,  confirms  the  impression  of 
the  general  statistics  regarding  the  utter  inadequacy  of  the  wages 
of  many  adult  males  to  provide  efficiency  or  even  subsistence  for 
a  normal  family. 

The  statement  cannot  be  t£)0  often  reiterated,  nor  too  strongly 
emphasized,  that  these  figures  are  estimates.  They  are  stated  in 
bald  fractions  because  the  facts  on  which  they  are  based,  do  not 
justify  any  other  form  of  statement.  No  wise  statistician  would 
venture  an  even  approximate  judgment  on  material  of  so  scanty 
a  character  as  that  provided  by  the  investigation  in  Massachusetts, 
North  Carolina,  Georgia,  New  York  City,  Buffalo  and  Chicago. 

There  are,  then,  a  considerable  number  of  adult  males  working 
in  the  industrial  districts  of  the  United  States  under  a  wage  scale 
that  is  insufficient  to  provide  a  minimum  or  subsistence  standard 
of  living,  while  an  overwhelming  majority  receive  a  wage  insuf- 
ficient to  provide  an  efficiency  or  fair  standard.  Hence  the  patent 
necessity  for  some  additions  to  the  father's  wage  through  the 
efforts  of  the  mother  and  the  children. 

2.  The  Effect  of  Minimum  Wnge  Legislation 

The  need  for  some  form  of  legislative  interference  with  the 
present  economic  situation  of  the  semi-skilled  and  unskilled  wage- 
earner  seems  to  be  manifest.  The  efficacy  of  a  minimum  wage 
law  passed  at  the  present  time  by  a  State  legislature  is  a  matter 
for  serious  consideration.  Wage  earners,  employers  and  con- 
sumers will  be  affected  in  some  measure  by  the  act. 

Suppose  that  a  stringent  minimum  wage  law  were  passed.  It 
would  affect,  first  of  all,  the  wage-earning  group,  by  stopping 
wage-cutting  competition  among  low-skilled  laborers ;  by  forcing 
inefficient  persons  out  of  employment;  by  raising  to  a  higher 


632  Appekdix  III 

level,  or  eliminating  the  submerged  labor  element ;  and  by  leveling 
down  the  wages  of  higher  standard  labor  groups.  There  seems  to 
be  little  question  but  that  the  minimum  wage  will  act  surgically 
on  the  lower  levels  of  wage-earners.  It  will  prevent  the  disastrous 
effects  which  have  followed  from  competition  among  these  lower 
groups.  It  will  at  the  same  time  throw  out  of  employment  such 
of  the  lower-grade  laborers  as  cannot  meet  the  requirements  which 
the  employing  class  is  bound  to  exact  in  return  for  the  advanced 


The  leveling-down  process  toward  which  the  minimum  wage 
will  tend  is  manifest  at  the  present  time,  as  a  result  of  trade  union 
activity.  Theoretically,  the  trade  union  fixed  a  minimum  wage; 
practically,  it  fixes  a  maximum  at  the  same  time.  Theoretically, 
the  law  will  fix  a  minimum,  below  which  no  employer  can  go; 
practically,  employers  will  resist  bitterly  every  effort  to  fix  a  wage 
above  this  rate.  To  be  sure,  the  minimum  wage  will  not  be  in- 
voked in  employments  which  are  classed  as  highly  skilled.  There- 
fore such  employments  will  be  exempt  from  any  direct  action  of 
the  leveling-down  process.  Within  the  employments  where  the 
minimum  wage  will  be  invoked,  the  leveling-down  process  seems 
to  me  to  be  an  inevitable  one. 

Secondly,  the  minimum  wage  will  have  its  effect  upon  the  em- 
ployer. The  low-standard  employer,  the  sweater,  the  marginal 
man,  will  be  eliminated,  as  will  be  the  marginal  laborer.  Highly 
submerged  industries,  such  as  the  sweating  industries,  will  in 
some  cases  be  destroyed.  Generally  speaking,  however,  the  great 
body  of  employers  will  face  litfle  or  no  financial  loss  as  a  result 
of  minimum  wage  legislation. 

Three  forces  will  prevent  a  loss  to  employers  from  minimum 
wage  legislation.  In  the  first  place,  the  imposition  of  a  minimum 
wage  will  lead  to  a  decrease  in  the  number  of  inefficient  persons 
employed,  and  therefore  to  an  increased  working  efficiency  for  the 
entire  plant.  The  imposition  of  a  minimum  wage  will  probably 
not  increase  the  labor  cost  per  unit  of  output  except  in  those  in- 
dustries which  now  pay  wages  far  below  the  legal  minimum  rate. 
The  increased  efficiency  resulting  from  the  minimum  wage  de- 
mand will  guarantee  this,  and  the  increased  esprit  de  corps  of 
the  working  forces  will  insure  it.     Furthermore,  if  it  appears  to 


Minimum  Wage  Symposium  633 

the  emplojer  that  the  minimum  wage  is  threatening  his  net  earn- 
ings, there  is  scarcely  an  industry  in  which  the  employing  group 
is  not  sufficiently  strong  to  organize,  raise  prices,  and  thus  hand 
on  the  increased  wage  rate  to  the  consumer  in  the  form  of  higher 
prices. 

The  effect  of  minimum  wage  legislation  upon  the  public  will  be 
more  far-reaching  and  drastic  than  its  effect  upon  the  workers  as 
a  group,  or  upon  the  employers  as  a  group.  There  will  be  more 
dependence  as  a  result  of  the  unemployment  that  inevitably  ac- 
companies the  imposition  of  higher  standards  in  industry.  In 
many  communities  standards  of  living  will  be  materially  raised 
because  of  the  minimum  wage  that  workers  are  able  to  secure. 
In  practically  every  field,  however,  there  will  be  a  material  in- 
crease in  prices,  bulwarked  by  the  excuse  that  the  increasing  wage 
has  necessitated  price  increases.  There  seems  to  be  no  escape 
from  the  conclusion  that  at  the  present  time  the  employing  inter- 
ests in  the  United  States  are  enormously  powerful,  and  very 
closely  knit  together  in  their  broader  activities.  The  general  rise 
in  prices  at  the  outbreak  of  the  European  War  furnished  an  ex- 
cellent illustration  of  the  psychology  of  American  producers. 
Without  conspiracy  or  pre-arranged  plan,  their  clearly  understood 
interests  led  almost  immediately  to  concerted  action.  Unless  a 
price-fixing  power  accompanies  the  general  enactment  of  minimum 
wage  legislation,  the  public  will  be  called  upon  to  pay  an  increase 
in  prices  which  will  cover  the  increased  labor  cost,  plus  whatever 
price  increases  the  employing  group  is  able  to  saddle  on  the  public 
under  the  plea  of  increased  wages. 

The  minimum  wage  is  a  reform  neither  drastic  nor  far-reaching 
in  itself.  It  will  not  touch  the  larger  relations  between  capital 
and  labor  in  any  way.  The  minimum  wage  is  a  necessary  part 
of  any  broad  gauge  program  of  reform.  Coupled  with  price-fixing 
power,  it  will  prove  as  efficacious  as  any  regulative  measure  can. 
The  minimum  wage,  by  itself,  will  eliminate  some  industrial  sore 
spots,  but  the  public  will  pay  dearly  for  every  gain. 

You  will  note  that  I  have  discussed  the  necessity  of  minimum 
wage  legislation  from  the  standpoint  of  the  family.  Too  much 
emphasis  has,  in  my  opinion,  been  laid  on  minimum  wages  for 
women  and  children,  and  too  little  on  a  minimum  wage  that  will 
insure  family  income. 


634  Appendix  III 

Statement  of  Edward  Alsworth  Ross 
I   favor   State  supervision   and   regulation  of  wages   paid   to 
women  and  minors  for  the  following  reasons : 

1.  These  classes  of  workers  are  usually  weaker  bargainers 
than  those  to  whom  they  sell  their  labor. 

2.  Owing  to  their  defenceless  economic  position  they  are  rarely 
able  to  hold  off  from  a  bad  bargain  as  stubbornly  as  the  buyers 
of  their  labor. 

3.  There  is  no  prospect  that  these  workers  will  be  able  to 
strengthen  their  position  by  unionization  as  adult  male  workers 
have  sometimes  been  able  to  do. 

4.  Sharp  competition  between  manufacturers  does  not  neces- 
sarily result  in  employers  bidding  up  for  such  workers;  such 
competition  may  simply  result  in  lowering  the  price  of  the 
product  to  the  public.  Thus  the  ultimate  exploiter  of  underpaid 
labor  may  not  be  the  employer  at  all,  but  the  public  which  is 
buying  a  product  or  a  service  at  less  than  it  is  really  worth. 

5.  The  underpayment  or  the  over-work  of  girls  and  young 
women  is  more  far-reaching  in  its  harm  to  society  and  the  race 
than  any  other  economic  ill.  Under-nourishment  or  over-exer- 
tion sap  the  vitality  needed  for  the  successful  bearing  of  the  bur- 
dens of  wifehood  and  motherhood. 

6.  The  wretched  existence  of  underpaid  working  girls  handi- 
caps virtue  in  its  resistance  to  the  allurements  of  the  gilded  life 
of  vice  and  contributes  to  prostitution,  the  deadliest  enemy  of 
the  home  and  of  race  perpetuation. 

7.  Whole  groups  of  underpaid  workers  may  in  consequence  of 
underliving  sink  into  such  a  condition  of  inefficiency  and  hope- 
lessness that  they  are  altogether  powerless  to  extricate  them- 
selves from  it  by  their  own  efforts.  Such  a  situation  justifies 
the  reaching  down  of  a  strong  arm  from  outside. 

8.  WTien  the  employer  enjoys  a  complete  or  partial  monopoly, 
the  raising  of  wages  by  State  action  may  diminish  his  monopoly 
profits ;  when  employers  are  in  keen  competition,  the  effect  is  not 
to  lessen  their  profits  but  possibly  to  lift  the  price  of  their 
products  to  the  public. 

9.  The  subjection  of  home  manufacturers  to  competition  with 


Minimum  Wage  Symposium  635 

outside  manufacturers  underpaying  their  labor  does  not  forbid 
State  regulation  of  wages  because  the  efficiency  of  the  workers 
may  increase  pari  passu  with  the  raising  of  their  wages.  In  such 
cases,  however,  prudence  may  require  the  wages  to  be  advanced 
by  degrees. 

10.  iState  action  on  wages  should  be  exercised  through  a 
permanent  commission  acting  only  upon  adequate  investigation 
and  with  power  to  alter  the  legal  wage  to  meet  changing  condi- 
tions. 


Statement  of  John  A.  Ryan 

(Reprinted  from  the  "Live  Issue.") 

At  least  six  states  of  our  country  now  have  some  form  of  mini- 
mum wage  laws.  They  are  Massachusetts,  Minnesota,  Oregon, 
Washington,  California  and  Utah.  Some  three  or  four  others 
have  appointed  commissions  to  study  the  subject  and  report  to  the 
next  Legislature.  If  the  experience  during  the  coming  two  years 
of  those  states  which  have  already  adopted  the  measure  should 
prove  at  all  favorable,  we  can  confidently  look  forward  to  the 
enactment  of  the  same  legislation  by  many  other  states  in  1915. 

The  presumptions  and  probabilities  are  all  so  decisively  in  favor 
of  the  l^al  minimum  wage  that  the  burden  of  argument  is  already 
upon  those  who  stand  in  opposition.  It  seems,  therefore,  better  in 
a  brief  article  like  the  present  one  to  devote  attention  to  some  of 
the  most  frequently  urged  objections. 

Some  Misconceptions 
No  intelligent  advocate  of  the  minimum  wage  thinks  that  it 
will  of  itself  solve  the  labor  question.  It  is  merely  one  element 
in  the  solution.  But  it  is  an  indispensable  first  element.  Between 
one-half  and  two-thirds  of  the  wage  earners  of  the  United  States, 
both  male  and  female,  are  today  compelled  to  accept  less  than 
living  wages.  Neither  labor  organizations  nor  the  good  will  of 
employers,  nor  blind  economic  forces,  will  bring  the  remuneration 
of  these  workers  up  to  a  decent  level  within  one  or  two  generations. 
This  is  a  proposition  which  will  not  be  denied  by  any  competent 
economic  student.     Hence  the  upward  impulse  must  be  given  by 


636  Appendix  III 

legislation.  But  a  legal  minimum  wage  must  be  supplemented  by 
a  comprehensive  scheme  of  industrial  education  which  will  in- 
crease the  productiveness  of  low  grade  workers,  and  by  systematic 
provisions  against  unemployment  which  will  take  care  of  those 
workers  who  will  not  be  fully  protected  either  by  the  minimum 
wage  or  by  vocational  training.  Now,  the  State  will  not  adopt 
either  of  the  latter  two  measures  with  sufficient  celerity  or  com- 
prehensiveness until  it  is  forced  to  do  so  by  the  exigencies  and 
consequences  of  a  minimum  wage  law  in  operation. 

Another  misconception  is  the  assumption  that  the  l^al  mini- 
mum wage  is  to  consist  of  a  single  flat  rate  decreed  by  a  State 
Legislature.  'No  one  advocates  this  except  as  a  partial  and  tempo- 
rary expedient,  and  at  a  figure  so  low  as  to  benefit  only  the  lowest 
paid  workers.  The  nominal  and  usual  method  is  to  establish  an 
impartial  commission  which  is  employed  to  fix  minimum  rates 
of  wages,  varying  in  different  localities  within  a  state  according 
to  the  varying  cost  of  decent  living. 

The  Project  is  Not  Socialistic 

Those  who  are  at  a  loss  for  genuine  argument  —  and  occasion- 
ally a  few  other  misguided  persons  —  tell  us  that  the  minimum 
wage  is  Socialistic.  Apparently  their  thought  is  that  any  new 
and  pronounced  extension  of  state  authority  to  industry  must  be 
thus  characterized.  If  this  assumption  were  true  it  would  be 
equally  decisive  against  the  parcels  post,  government  savings 
banks,  workmen's  compensation  laws,  child  labor  restrictions,  and 
all  other  forms  of  labor  legislation.  All  these  do  things  which  the 
State  would  do  under  Socialism.  Whether  a  given  industrial 
statute  is  Socialistic  or  not  may  be  considered  as  a  question  of 
principle  or  as  a  question  of  practical  tendency.  Judged  by  the 
former  standard,  the  minimum  wage  is  clearly  not  Socialistic; 
for  it  merely  regulates,  restricts,  conditions  the  wage  contract  in 
private  employments,  whereas  under  Socialism  private  employ- 
ments would  be  not  regulated  but  abolished.  As  to  the  practicable 
consequences  of  minimum  wage  legislation,  some  persons  main- 
tain that  these  will  make  Socialism  appear  more  plausible,  while 
others  with  greater  reason  hold  that  if  the  legislation  is  effective, 
it  will  deprive  Socialist  agitators  of  their  strongest  practical  argu- 


Minimum  Wage  Symposium  637 

ment,  namely,  the  wretcliediiess  of  the  working  classes,  and  that 
if  such  legislation  is  not  enacted  the  movement  towards  Socialism 
will  increase  in  momentum  and  volume. 

The  Right  of  the  State  in  the  Matter 

Closely  related  to  the  objection  considered  last  week  is  that 
which  maintains  that  the  regulation  of  wages  is  outside  the 
province  of  the  State.  Usually  the  persons  who  make  this  asser- 
tion do  not  take  the  trouble  to  support  it  by  positive  argument. 
As  a  matter  of  fact,  the  State  has  not  only  a  right,  but  a  duty  of 
enacting  such  legislation.  It  is  bound  to  protect  the  natural  rights 
of  the  individual.  In  the  case  of  the  wage-earner,  the  claim  to  a 
decent  living  wage  is,  as  Pope  Leo  XIII  declared,  a  natural  right. 

When,  therefore,  the  State  cannot  guard  this  right  by  any  other 
means  than  a  minimum  wage  law,  its  obligation  to  pass  such  a 
law  is  clear  and  urgent  —  quite  as  clear  and  urgent  as  its  duty 
of  protecting  the  individual's  life,  limb  or  property.  None  of 
these  latter  goods  are  essentially  more  important  to  the  wage- 
earner  than  his  livelihood,  and  his  livelihood  depends  upon  his 
wages. 

If  the  State  is  unable  or  unwilling  to  protect  this,  it  is  to  that 
extent  a  failure. 

The  Economic  Objections 

Those  who  assert  that  the  legal  minimum  wage  is  impracticable 
forget  that  it  is,  so  far  as  its  economic  aspects  are  concerned,  in 
precisely  the  same  case  as  though  the  minimum  wage  were  estab- 
lished by  a  trade  union  or  by  a  voluntary  action  of  the  employer. 
Yet  there  are  innumerable  instances  of  the  former,  and  an  in- 
creasing number  of  the  latter.  If  the  minimum  wage  set  up  by 
these  two  means  has  not  destroyed  industries  or  injured  the 
workers,  there  is  no  reason  to  suppose  that  either  of  these  things 
will  occur  when  the  minima  are  established  by  legal  authority.  It 
is  the  effect  of  the  minimum,  not  its  cause  that  has  economic 
significance. 

There  is,  indeed,  one  economic  objection  which  has  some, 
validity  when  stated  with  proper  restrictions.  As  commonly 
formulated,  however,  it  is  self-refuting  because  it  proves  too  much. 


638  Appendix  III 

It  runs  substantially  thus:  A  minimum  wage  that  raises  the  re- 
muneration of  the  poorest  paid  workers  will  increase  the  cost  of 
production;  higher  cost  of  production  will  necessitate  higher 
prices  to  the  consumer;  increased  cost  to  the  consumer  will  be 
followed  by  a  lessening  of  the  quantity  purchased ;  and  the  final 
result  will  be  diminished  production  and  diminished  employment. 
Thus  the  working  class  will  suffer  in  unemployment  what  it  gains 
in  wages. 

If  this  argument  were  sound  it  would  be  fatal  to  every  measure 
for  the  betterment  of  labor  conditions.  Every  bit  of  labor  legis- 
lation ever  enacted,  whether  for  shorter  hours,  safety  devices  in 
factories,  the  restriction  of  child  labor,  or  compensation  for  injured 
workingmen,  increases,  or  apparently  increases,  or  tends  to  in- 
crease the  cost  of  production,  and  therefore  forges  all  the  other 
links  in  the  chain  of  evil  consequences  enumerated  above.  More- 
over, every  gain  in  wages  obtained  by  any  group  of  workers  by 
any  means  whatever,  sets  in  motion  the  same  series  of  bad  results. 
What  is  gained  by  the  laborers  immediately  concerned  and  kept 
at  work  is  lost  by  those  who  are  thrown  out  of  employment  through 
the  falling  off  in  demand  for  goods  and  labor.  Hence  the  argument 
proves,  if  it  prove  anything,  that  all  attempts  to  better  the  con- 
dition of  labor  are  futile,  in  as  much  as  they  merely  shift  the 
burdens  from  one  section  of  the  working  class  to  another.  It 
shows,  moreover,  that  the  system  of  private  capital  and  competitive 
labor  is  bankrupt.     Verily,  the  argument  proves  too  much. 

It  is  likewise  too  simple.  It  is  used  only  by  persons  whose  view 
of  industrial  processes  is  superficial.  The  fact  of  the  matter  is 
that  there  are  at  least  four,  instead  of  only  one,  sources  from  which 
the*  higher  wage  outlay  required  by  a  minimum  wage  law  can  be 
derived.    Let  us  review  them  briefly. 

Increased  Efficiency  of  Labor 

Experience  has  abundantly  shown  that  the  lowest  paid  labor  is 
not  always  the  cheapest.  In  many  occupations  the  laborer  who 
receives  a  wage  sufficient  to  maintain  him  in  normal  physical  vigor 
and  moral  spirits  is  more  profitable  to  his  employer  than  the 
laborer  whose  meagre  wages  force  him  to  do  without  the  things 
that  are  necessary  for  normal  efficiency.     It  is  certain  that  many 


Minimum  Wage  Symposium  G39 

of  the  factory  and  department  store  girls  who  are  now  under- 
nourished and  under-supplied  with  other  necessaries  of  life  would, 
if  they  were  paid  living  wages,  make  up  the  difference  to  their 
employer  in  working  efficiency.  It  is  not  maintained  that  all 
workers  whose  pay  was  raised  by  a  minimum  wage  law  would  in- 
crease their  efficiency  to  this  extent ;  but  some  of  them  would,  and 
practically  all  of  them  would  add  somewhat  to  their  working  out- 
put. Hence  a  great  part  of  the  higher  wage  outlay  would  be  pro- 
vided by  the  workers  themselves. 

Equalization  and  Scaling  Down  of  Profits 

Persons  who  glibly  assert  that  in  the  event  of  a  minimum  wage 
law  employers  would  discharge  all  or  the  greater  part  of  their 
employees  to  whom  they  are  now  paying  less  than  the  legal  mini- 
mum, assume  that  the  latter  are  now  getting  all  that  they  are  worth 
to  their  employers.  Nothing  could  be  further  from  the  truth.  In 
every  important  industry  the  variations  in  wages  paid  to  the  same 
class  of  labor  are  surprisingly  large  and  numerous.  There  are 
always  some  employers  who  could  pay  living  wages  to  all  their 
employees  and  still  make  normal  profits.  This  was  admitted  to 
be  true  of  the  Chicago  department  stores  by  several  of  the  man- 
agers before  the  O'Hara  investigating  committee  last  winter.  A 
legal  minimum  wage  would  not  compel  this  more  efficient  class  of 
employers  to  raise  prices  nor  to  make  any  important  change  in 
the  conduct  of  their  business.  It  probably  would  force  some  of 
the  less  efficient  employers  out  of  business,  but  this  would  be  a 
good  thing,  as  it  would  give  more  business  to  those  employers  who 
were  able  to  pay  living  wages  without  raising  prices  or  discharg- 
ing laborers.  The  inefficient  employer,  like  the  parasitic  industry, 
has  no  right  to  economic  existence. 

Higher  Prices  to  the  Consumer 

It  is  quite  probable  that  not  all  the  increase  in  wages  called  for 
by  a  minimum  wage  law  would  be  furnished  by  the  three  sources 
just  considered,  and  that  in  some  industries  prices  would  have  to 
be  raised  to  the  consumer.  Just  how  far  this  would  be  true  no  man 
can  tell,  or  even  guess,  beforehand.  In  any  case,  we  must  re- 
member  that   higher   prices    would   not  mean    a   corresponding 


640  Appendix  III 

diminution  in  the  amount  of  goods  purchased.  For  many  cus- 
tomers —  the  more  wealthy  —  would  continue  to  buy  as  much  as 
formerly;  and  many  of  those  wage  earners  whose  pay  had  been 
raised  by  the  l^al  minimum  wage  would  increase  the  amount  of 
their  purchases.  So  far  as  economic  experience  and  principles 
throw  light  on  this  matter,  they  justify  the  statement  that  even 
in  those  industries  where  the  price  of  the  product  had  been  raised, 
the  total  demand  for  goods  might  be  increased  rather  than 
diminished.  Consequently,  there  might  be  no  lessening  of  em- 
ployment. 

Let  us  assume,  however,  for  it  is  possible,  that  there  would  occur 
a  considerable  diminution  of  employment.  This  would  be  a  hard- 
ship, of  course,  but  it  would  be  more  than  offset  by  the  benefits  to 
the  vast  numbers  of  workers  who  were  receiving  living  wages  in 
consequence  of  the  law.  It  is  better  that  a  small  minority  of  the 
laboring  class  should  be  thrown  out  of  work  than  that  all  should 
continue  employed  only  on  condition  that  the  majority  be  paid 
wages  insufficient  for  decent  living.  If  the  minimum  wage  should 
result  in  any  considerable  amount  of  unemployment,  the  State 
would  be  compelled  to  provide  a  systematic  and  adequate  solution 
of  the  problem.  It  would  also  be  forced  to  hasten  the  provision 
for  industrial  training.  These  two  possible  by-products  of  a 
minimum  wage  law  would  be  of  themselves  sufficient  to  justify 
its  enactment.  The  policy  of  taking  care  of  the  inefficient  workers 
by  employing  them  at  less  than  living  wages,  and  thus  dragging 
down  the  standard  of  life  of  the  majority  of  the  laboring  class, 
is  neither  humane  nor  scientific.  It  must  give  way  to  the  policy 
of  maintaining  a  minimum  standard  of  decent  remuneration  and 
living  for  all  who  are  employed,  and  of  providing  for  the  in- 
efficient in  some  other  way. 

Experience  Favorable 
The  legal  minimum  wage  has  been  tested  in  only  two  countries, 
England  and  Australia.  In  the  former  it  has  been  in  operation 
only  three  years,  but  it  has  already  doubled  the  wages  of  the  help- 
less women  workers  in  three  of  the  trades  to  which  it  has  been 
applied  (see  the  "  Catholic  Social  Year  Book  for  1913  ").  The 
law  was  first  applied  to  a  few  trades  in  Australia  (in  the  State  of 


Minimum  Wage  iSyMPOsiUM  641 

Victoria)  seventeen  years  ago.  Since  that  date  it  has  been  steadily 
extended  to  other  trades  and  other  states  with  increasing  success 
and  increasing  public  approval.  The  latest  authoritative  observer, 
Professor  M.  B.  Hammond,  of  Ohio  University,  who  studied  the 
operation  of  the  law  on  the  ground  about  a  year  ago,  writes  of  it 
as  follows :  "  Employers  and  employees  there  differ  more  or  less 
in  their  views  as  to  what  is  the  b€st  machinery  for  bringing  the 
legal  minimum  wage  into  existence  and  securing  its  enforcement. 
Differences  of  opinion  exist  also  as  to  the  range  of  industries  to 
which  it  should  be  applied  —  but  few  persons  could  be  found 
today,  either  in  Australia  or  New  Zealand,  who  would  challenge 
the  statement  that  the  principle  of  a  legal  minimum  wage  has  been 
accepted  as  a  permanent  policy  in  the  industrial  legislation  of  that 
portion  of  the  world."  ("  The  American  Economic  Eeview,"  June, 
1913,  p.  259.) 

Is  there  any  rational  ground  for  assuming  that  this  kind  of 
legislation  would  be  less  successful  in  the  United  States? 


Statement  op  Henry  R.  Seageb 
The  sweating  system  is  a  comprehensive  term  tor  aescribing 
any  situation  in  which  the  worker  is  at  such  a  disadvantage  that 
he  is  forced  to  work  long  hours  under  unsanitary  conditions  for 
starvation  wages.  It  shows  itself  at  its  worst  in  this  country  in 
connection  with  home  work  in  our  large  cities.  New  York  City 
is  the  seat  of  the  clothing  industry.  In  some  branches  of  that 
industry  the  workers  enjoy  fairly  good  wages  and  work  only  a 
reasonable  number  of  hours  a  day,  but  in  others,  particularly 
branches  carried  on  by  home  workers,  under  the  contract  system, 
conditions  are  deplorable.  This  home  work  is  undertaken  for  the 
most  part  by  women  and  children.  The  pieces  or  partially 
finished  garments  are  taken  from  the  contractor  with  the  under- 
standing that  the  work  will  be  done  at  so  much  a  garment.  He  is 
a  shrewd,  ambitious  and  often  relentless  bargainer  with  full 
knowledge  of  the  market  conditions.  On  the  other  hand  the 
women  who  undertake  to  do  the  work  with  the  help  of  their  chil- 
dren know  little  beyond  their  own  necessities  and  how  much  work 
Vol.  1  —  21 


642  Appendix  III 

they  can  turn  out  in  a  given  time.  They  have  no  standards  or 
organization  to  oppose  to  the  contractors'  desire  to  cut  the  rate. 
The  result,  as  might  be  expected,  is  that  wages  are  forced  below 
even  a  bare  living  level.  Only  in  the  busiest  seasons  and  for  the 
most  skilled  workers  is  it  possible  for  a  family  in  New  York  to 
support  itself  in  decency  by  home  work.  Ordinarily  the  wages 
earned  by  women  and  children  working  with  the  desperation  born 
of  necessity  have  to  be  supplemented  by  earnings  of  other  mem- 
bers of  the  family  or  by  charitable  relief  if  the  family  is  to  be 
held  together  and  preserved  from  gradual  starvation. 

The  worst  evil  of  the  sweating  system  is  low  wages.  Though 
forced  to  the  lowest  point  in  connection  with  home  work,  low 
wages  pursue  women  and  children  wherever  they  are  employed. 
•The  tenement  home  worker  in  New  York  finds  it  difficult  to  make 
much  over  fifty  cents  a  day,  and  children  of  course  make  consid- 
erably less.  The  girl  employed  in  store  and  factory  finds  it  diffi- 
cult to  secure  over  one  dollar  a  day.  Dr.  Woolston  in  the  evi- 
dence which  he  laid  before  the  Factory  Investigating  (Commission 
showed  that  of  15,000  girls  in  industrial  lines  in  New  York  whose 
wages  were  studied,  8,000  received  $6.50  a  week  or  less  even  in 
the  busy  season.  An  earlier  investigation  showed  that  the  ma- 
jority of  girls  and  women  employed  in  New  York  department 
stores  received  $7.00  a  week  or  less. 

Since  low  wages  are  the  heart  of  the  evil  any  remedy  to  be 
effective  must  address  itself  directly  to  the  wage  problem.  This 
is  what  the  minimum  wage  does.  It  aims  to  cure  the  evil  at  its 
source.  Any  other  remedy  for  the  sweating  system  is  at  best  a 
palliative. 

The  first  country  to  conceive  the  bold  project  of  raising  wages 
by  making  it  unlawful  to  pay  wages  below  a  certain  level  was 
Victoria,  Australia.  Gold  discoveries  had  caused  a  too  rapid  ex- 
pansion of  the  country's  population  in  the  eighties.  In  the  early 
nineties  disappointed  gold  seekers  and  their  families  drifted 
toward  Melbourne,  and  became  victims  of  a  rapidly  growing 
sweating  system.  After  long  discussion  a  wage  board  act  was 
passed  in  1896,  applying  to  the  worst  sweated  trades,  clothing, 
boots  and  shoes,  furniture  and  baking.  The  plan  of  this  act  was 
simple.  Wage-boards  were  to  be  organized  in  each  of  these  trades 


Minimum  Wage  Symposium  643 

composed  of  an  equal  nuinber  of  representatives  (two  to  five  from 
each  side)  of  the  employers  and  the  employees  and  they  were  to 
fix  the  minimum  wages  and  the  maximum  hours  that  should  be 
permitted  in  the  trade.  After  thirty  days  their  determinations 
were  to  have  the  binding  force  of  law.  Piece  rates  as  well  as  day 
rates  were  to  be  fixed,  and  in  determining  the  latter  the  board  was 
to  be  guided  by  the  output  of  a  worker  of  average  skill  and  speed 
in  a  normal  day.  The  prescribed  minimum  day  wage  was 
thus  to  be  divided  by  the  number  of  pieces  such  worker  could  turn 
out  and  the  quotient  was  to  be  the  minimum  legal  piece  rate  for 
that  particular  task. 

ISTotwithstanding  some  reluctance  on  the  part  of  employers,  the 
boards  were  organized  early  in  1897  and  their  determinations 
reached  before  the  end  of  that  year.  That  of  the  Board  on  the 
clothing  trade  was  most  difficult  because  here  as  with  us  home  work 
on  the  piece  wage  basis  was  specially  prevalent.  The  minima 
fixed  by  this  Board  were  7s.  6d.  per  day  ($1.87)  for  men  and 
3s.  4d.  per  day  (83c.)  for  women,  with  lower  rates  for  apprentices 
and  learners.  Appended  to  these  day  rates  were  carefully  worked 
out  piece  rates  numbering  thousands  of  items,  which  were  equally 
binding. 

The  enforcement  of  these  piece  rates  was  the  most  important 
feature  of  the  new  system.  This  meant  that  the  pay  of  home 
workers  should  no  longer  be  left  to  the  relentless  competition  of 
the  sweating  contractors,  but  should  be  adjusted  to  the  level  made 
the  minimum  for  shop  and  factory  employees.  This  enforcement 
encountered  many  obstacles.  Contractors  tried  to  evade  it  by  sub- 
stituting for  the  wage  contract  a  sales  contract,  that  is,  instead  of 
giving  out  pieces  to  be  made  up  into  garments  at  agreed  rates,  they 
nominally  sold  the  pieces  on  credit  to  the  sweated  worker  and 
agreed  at  the  same  time  to  buy  back  the  garments  when  finished  at 
somewhat  higher  prices.  This  was  prevented  by  making  every 
contract  which  was  equivalent  to  a  wage  contract  subject  to  the 
same  limitations  as  wage  contracts.  Also  the  workers  were  re- 
quired to  pay  premiums  for  the  privilege  of  securing  work  at  the 
legal  rates.  This  was  likewise  held  to  be  in  violation  of  the  law. 
In  spite  of  difficulties  persistent  efforts  on  the  part  of  the  govern- 
ment inspectors,  backed  by  the  better  class  of  employers  whose  self- 


644  Appendix  III 

interest  made  them  eager  to  see  all  their  competitors  pay  as  high 
wages  as  they  themselves  were  required  to  pay,  made  enforcement 
more  and  more  satisfactory.  Within  a  few  months  the  system 
began  to  have  a  marked  tendency  to  put  an  end  to  home  work,  and 
to  transfer  industry  to  well  organized  shops  and  factories  where  the 
workers  were  assisted  by  power  machinery  and  efficient  organiza- 
tion to  earn  the  wages  which  employers  must  in  any  case  pay. 

Introduced  at  first  for  the  four  worst  sweated  industries  only, 
the  system  was  gradually  extended  to  other  industries.  Notwith- 
standing a  change  of  government  in  1902  the  system,  after  a  few 
months'  interval,  due  to  disagreement  as  to  certain  amendments, 
was  continued  in  operation.  In  1905  it  was  made  a  permanent 
policy  of  Victoria  and  a  Court  of  Appeals  was  provided  consist- 
ing of  a  judge  of  the  Supreme  Court  assisted  by  assessors  repre- 
senting the  two  sides  to  pass  on  appeals  from  the  decisions  of  the 
boards.  By  this  means  greater  uniformity  has  been  given  to  the 
wage  rates  established  for  different  industries. 

Since  1905  the  system  has  been  extended  to  trade  after  trade 
until  at  the  end  of  last  year  (1913)  134  different  trades  embrac- 
ing all  of  the  important  industries  of  the  state  except  farming, 
domestic  service  and  government  employments  were  brought  un- 
der it.  To-day  the  regulation  of  minimum  wages  and  maximum 
hours  by  wage-boards  may  thus  be  said  to  be  the  accepted  system 
in  Victoria-  It  has  also  been  introduced  in  one  form  or  another 
into  the  other  states  of  Australia,  which  have  not  in  its  stead  the 
New  Zealand  system  of  regulation  of  wages  and  hours  through 
compulsory  arbitration. 

This  is  in  itself  sufficient  proof  of  the  success  of  the  system. 
The  results  that  may  be  credited  to  it  are : 

(1)  Standardization  of  wages  and  hours,  in  a  way  that  protects 
the  weak  and  ignorant  from  the  exploitation  by  unscrupulous 
employers  of  which  they  were  previously  the  victims.  This  has 
gone  so  far  that  it  is  generally  agreed  that  since  the  system  was 
introduced  all  the  worst  features  of  the  sweating  system  have  dis- 
appeared. This  standardization  has  not  meant  that  the  mini- 
mum wages  fixed  have  become  the  usual  wages.  This  point  was 
investigated  in  1902  by  the  Labor  Department.  In  the  clothing 
industry  it  was  found  that  while  the  minimum  fixed  by  the  Board 


Minimum  Wage  Symposium  645 

for  men  was  45s.  ($11.25)  a  week,  the  average  actually  paid  was 
538.  6d.  or  $2  a  week  more.  The  minimum  for  women  was  36s. 
a  week,  while  the  average  was  42s.  3d.  or  $1.50  a  week  more. 
Even  the  minimum  wages  prescribed  by  the  Board  are  subject 
to  exceptions.  When  it  can  be  shown  that  a  worker  is  too  old 
or  infirm  or  too  slow  owing  to  some  physical  or  mental  disability 
to  be  able  to  earn  the  minimum  and  yet  would  be  better  off  if 
allowed  to  earn  something,  such  worker  may  be  licensed  to  work 
for  less.  The  proportion  of  these  sub-normal  workers  that  any 
employer  may  have  on  his  payroll  is  limited  so  that  there  is  no 
danger  that  their  competition  will  lower  the  wages  of  normal 
workers. 

(2)  Education  of  the  public  as  to  actual  industrial  conditions, 
and  the  development  of  a  more  enlightened  and  sympathetic  atti- 
tude toward  other  reform  proposals. 

(3)  The  creation  of  more  friendly  relations  between  employers 
and  employees  and  the  lessening  of  strikes  and  other  symptoms 
of  industrial  friction.  By  serving  on  the  wage-boards  both  em- 
ployers and  employees  acquire  an  understanding  of  the  wage- 
problem  in  all  its  bearings  that  makes  them  much  more  reasonable 
in  their  demands  and  expectations. 

So  long  as  this  novel  experiment  was  confined  to  Australasia, 
it  seemed  too  far  off  and  too  little  related  to  the  more  complex 
conditions  of  the  larger  industrial  communities  of  Europe  and 
America  to  be  of  much  significance.  Even  now  when  it  affects 
about  three-fourths  of  the  industrial  population  of  Victoria,  it 
applies  to  only  about  150,000  wage  earners.  With  only  one  large 
city  and  a  predominantly  agricultural  population,  Victoria  would 
clearly  be  a  dangerous  guide  for  a  state  like  itfew  York  with  more 
people  in  its  large  cities  than  are  found  in  all  Australia  taken 
together. 

It  was  not  until  the  same  policy,  with  unimportant  modifica- 
tions, was  adopted  by  the  United  Kingdom  in  1909  that  it  began 
to  attract  the  serious  attention  of  American  students  and  legis- 
lators. The  English  act,  like  its  Victorian  model,  applied  at  the 
outset  to  four  trades  only —  (1)  the  clothing  industry;  (2)  cer- 
tain branches  of  the  lace  industry;  (3)  the  paper  box  industry; 
3,nd  (4)  certain  branches  of  the  ch^iji  industry  in  which  women 


646  Appendix  III 

blacksmiths  were  predominantly  employed.  General  supervision 
of  the  system  is  given  to  the  Board  of  Trade  (corresponding  to 
one  of  our  departments  of  labor).  The  boards  are  composed  not 
only  of  representatives  of  the  employers  and  employees,  but  of  the 
public,  and  from  these  last  the  chairman  and  secretary  of  the 
board  are  named.  The  boards  are  required  to  fix  minimum  wages^ 
both  time  and  piece,  and  maximum  hours,  for  different  classes  of 
employees,  including  men.  If  no  piece  wage  has  been  fixed  for 
a  given  task,  the  burden  of  proof  that  the  piece  rate  actually  paid 
conforms  fairly  to  the  standard  day  wage  rests  on  the  employer. 
As  in  Victoria  the  board  may  grant  licenses  to  aged,  infirm  or 
otherwise  subnormal  workers  to  receive  less  than  the  standard 
wages  but  in  no  case  may  the  employer  draw  more  than  one-fifth 
of  his  employees  from  this  subnormal  class.  The  wage  deter- 
mined upon  does  not  become  binding  until  after  three  months 
or  until  formally  ratified  by  the  Board  of  Trade. 

Boards  were  organized  as  rapidly  as  possible  in  the  four  trades 
designated  in  the  act.  The  worst  sweated  of  the  four  was  chain 
making.  An  investigation  made  in  1907  showed  that  adult 
women  in  this  industry  were  earning  only  from  four  to  seven  shill- 
ings ($1.00  to  $1.75)a  week  and  that  the  average  was  only  five 
shillings  ($1.25)  a  week.  The  board  decided  on  a  minimum 
rate  of  2^d.  or  5  cents  an  hour  —  a  rate  that  seems  to  us  piti- 
fully low.  ISTevertheless  it  represented  an  advance  in  women's 
wages  of  60  per  cent,  and  was  objected  to  by  employers  as  likely 
to  drive  the  industry  out  of  the  country.  As  a  matter  of  fact  it 
had  no  such  effect  and  there  was  every  prospect  that  a  higher 
minimum  would  be  fixed  when  the  European  war  broke  out  and 
made  any  change  during  the  conflict  unwise.  For  the  lace-mak- 
ing trade  a  minimum  of  2%^d.  (5^^  cents)  an  hour  was  fixed  for 
women  workers  and  for  box  making,  which  is  carried  on  entirely 
in  cities  where  the  cost  of  living  is  higher,  of  3d.  (6  cents) .  The 
worst  aspect  of  paper-box  making  was  home  work  and  to  lessen  it, 
so  far  as  possible,  the  board  coupled  with  the  3d.  minimum  the 
provision  that  the  lower  rate  of  pay  permitted  for  learners  should 
be  paid  only  to  learners  in  shops  and  factories.  This  means  that 
every  home-worker  must  be  paid  the  equivalent  of  the  six-cents- 
an-hour  rate.     This  seems  little  enough,  but  contrasted  with  the 


Minimum  Wage  Symposium  647 

rate  of  three  cents  an  hour,  the  amount  which  skilled  home  workers 
were  found  to  be  receiving  in  1907,  it  represents  a  substantial 
gain. 

As  in  Victoria,  so  in  the  United  Kingdom,  this  system  of  hav- 
ing minimum  wages  determined  by  wage-boards  as  a  means  of 
preventing  the  sweating  system,  was  soon  extended  to  non-sweated 
industry.  In  1912  the  coal  mines  of  the  country  joined  together 
in  a  mighty  strike  to  have  5s.  a  day  for  men  and  2s.  a  day  for 
boys  made  the  minimum  wages  for  coal  miners  throughout  the 
whole  country.  Some  of  the  mine  owners  were  unwilling  to  con- 
cede this  demand.  As  the  coal  famine  became  more  serious  and 
even  factories  and  railroads  were  threatened  with  lack  of  this  in- 
dispensable commodity,  the  government  felt  constrained  to  in- 
tervene. Unwilling  to  establish  by  statute  the  minima  demanded 
by  the  men,  the  government  passed  an  act  creating  wage-boards 
for  coal  mines  in  the  different  districts  with  the  same  powers  as 
the  wage-boards  previously  provided  for  the  sweated  industries. 
Thus  coal  mining,  the  most  important  industry  of  the  countr)', 
and  one  in  which  the  law  prohibits  the  employment  of  women 
and  girls,  is  brought  under  the  control  of  wage-boards. 

The  British  experiment  is  not  yet  four  years  old,  but  already 
its  success  may  be  confidently  asserted.  It  is  accomplishing  for 
the  United  Kingdom  on  a  larger  scale  and  in  the  face  of  much 
greater  difficulties  the  same  results  that  had  been  accomplished 
in  Australia,  There  is  there  no  thought  of  abolishing  the  system. 
Instead  the  Board  of  Trade  has  already  taken  steps  to  extend  it 
to  four  other  industries. 

The  introduction  of  wage-boards  in  the  United  Kingdom  helped 
to  make  the  proposal  a  practical  issue  in  the  United  States.  In 
1911  Massachusetts  created  a  Commission  on  Minimum  Wage 
Boards  which  reported  in  1912  in  favor  of  the  introduction  of 
the  system  in  that  State.  A  law  creating  a  permanent  Minimum 
Wage  Commission  was  passed  June  4th,  of  that  year,  with  power 
to  organize  wage  boards  for  industries  where  investigation  showed 
that  the  wages  paid  were  insufficient  to  enable  "  a  substantial 
number  of  female  employees  *  *  *  to  supply  the  necessary  cost 
of  living  and  maintain  the  worker  in  health." 

Few  persons  who  are  not  following  the  matter  closely  realize 


648  Appendix  III 

how  rapidly  this  reform  is  sweeping  over  the  United  States.  In 
1913  eight  States,  California,  Colorado,  Minnesota,  Nebraska, 
Oregon,  Utah,  Washington  and  Wisconsin  passed  minimum  wage 
laws.  They  were  all  in  the  middle  or  far  West,  but  that  Massa- 
chusetts' example  was  also  attracting  attention  in  the  east  was 
shown  by  the  action  of  Connecticut  in  directing  its  Commissioner 
of  Labor  to  continue  an  investigation  of  the  condition  of  women 
and  child  wage-earners  in  the  State  already  begun  and  of  ^ew 
York  in  continuing  its  Factory  Investigating  Commission  for  the 
express  purpose  of  studying  the  subject.  Michigan  and  Indiana 
also  created  Commissions  to  study  the  condition  of  women  wage- 
earners  in  those  States. 

This  year  this  legislation  has  begun  to  bear  fruit  in  valuable 
reports  on  the  wages  received  by  women  and  children  in  different 
industries  and  in  actual  wage  determinations. 

The  usual  plan  adopted  by  the  nine  states  which  have  legis- 
lated is  to  create  a  State  Wage  Commission  with  power  to  organize 
wage-boards  in  industries  where  they  are  found  to  be  needed  and 
to  give  legal  force  to  their  determinations  as  to  the  minimum 
wages  that  should  be  paid.  Utah  has  adopted  the  more  direct  if 
less  scientific  plan  of  providing  by  law  that  the  minimum  wage 
for  adult  and  experienced  women  workers  in  that  State  shall  be 
$1.25  a  day,  for  adult  learners,  whose  apprenticeship  may  not 
last  more  than  one  year,  90  cents,  and  for  children  under  eighteen, 
75  cents.  Colorado  vests  the  Commission  itself  with  power  to 
fix  the  minima  without  the  formality  of  a  determination  by  a  wage 
board. 

Wage  determinations  have  been  reached  in  Massachusetts,  Ore- 
gon and  Minnesota,  and  these  exhibit  the  tendencies  of  the  system 
even  if  not  yet  its  full  effects.  Oregon  was  the  first  State  to  act. 
Through  successive  orders  it  has  fixed  the  minimum  rate  of  pay 
for  adult  experienced  women  workers  in  the  State  at  $8.25  a  week 
and  the  maximum  number  of  hours  at  54.  For  girls  between  the 
ages  of  16  and  18  the  minimum  wage  has  been  put  at  $1  a  day, 
and  the  maximum  hours  at  8  hours  and  20  minutes  a  day,  to  con- 
clude not  later  than  6  p.  m.,  and  at  50  hours  a  week.  Where  girls 
are  employed  side  by  side  with  adult  women  permitted  to  work 
jiijip  hourg  ft,  day,  their  work  day  may  be  made  nine  hours  by 


Minimum  Wage  Symposium  649 

special  permit,  provided  the  Commission  is  convinced  that  the 
work  is  of  such  a  character  as  not  to  endanger  their  health.  For 
Portland  higher  minima  are  fixed;  for  adult  experienced  women 
workers  in  manufacturing  establishments  $8.64  a  week,  and  in 
mercantile  establishments  (where  the  expense  for  dress  is  heavier) 
$9.25  a  week.  These  determinations  were  based  on  careful  stud- 
ies of  the  cost  of  living  and  in  each  case  are  accompanied  by  the 
declaration  "  any  lesser  amount  being  hereby  declared  inadequate 
to  supply  the  necessary  cost  of  living  to  such  workers  and  to  main- 
tain them  in  health." 

The  constitutionality  of  the  Oregon  law  was  at  once  questioned, 
but  on  March  17,  1914,  in  the  case  of  Stettler  vs.  Industrial  Wel- 
fare Commission,  the  act  was  upheld  by  the  Oregon  Supreme 
Court  as  a  reasonable  exercise  of  the  police  power  for  the  protec- 
tion of  the  health  and  morals  of  the  women  and  girls  of  the  State. 
This  case  will  soon  be  argued  on  appeal  before  the  Supreme  Court 
of  the  United  States. 

The  first  industry  to  be  brought  under  the  system  in  Massachu- 
setts was  brushmaking.  As  in  Oregon  action  was  preceded  by  a 
careful  study  of  the  cost  of  living.  For  Boston  the  minimum  for 
a  girl  or  woman  not  living  at  home  was  found  to  be  between  $8.00 
and  $9.00  a  week  —  $8.71  according  to  a  first  report,  $8.28  ac- 
cording to  a  second.  On  the  basis  of  these  estimates  the  minimum 
rate  for  adult  experienced  brush  workers  was  fixed  at  15^  cents 
an  hour,  or  $7.75  for  a  full  week's  work  of  50  hours.  Learners  or 
apprentices  may  be  employed  for  not  longer  than  one  year  at  65 
per  cent,  of  this  rate.  If  a  piece  rate  in  any  case  affords  less  than 
this  legal  time  rate,  the  worker  may  claim  the  time  rate  instead 
and  refusal  is  a  violation  of  the  decree.  This  rate  is  proposed  as 
a  compromise  with  the  clear  intimation  that  the  higher  rate  of 
18  cents  an  hour  necessary  to  give  a  wage-earning  woman  $9.00 
a  week  will  probably  be  fixed  at  a  later  period.  Careful  investiga- 
tions have  been  made  of  the  wages  paid  in  laundries  and  candy 
factories  in  Massachusetts,  but  no  determination  has  yet  been 
reached  as  to  minimum  wages  which  should  prevail  in  these 
industries. 

The  Minnesota  Commission  consisting  of  the  Commissioner  of 
Labor,  an  employer  of  women  and  a  woman  who  serves  as  secre- 


650  Appendix  III 

tary  has  just  made  its  first  determinations.  Advisory  boards  were 
organized  in  the  Twin  Cities,  Minneapolis  and  St.  Paul,  for 
manufacturing  and  mercantile  industries,  respectively,  and  a 
single  board  for  both  together  in  Duluth.  These  boards  arrived 
at  strikingly  similar  conclusions  as  to  what  the  maintenance  of  a 
decent  standard  of  living  for  a  single  woman  required.  The  two 
boards  in  the  Twin  Cities  fixed  on  $8.65  and  $8.75  as  the  neces- 
sary minimum,  and  the  Duluth  Board  on  $8.50.  The  Commis- 
sion, from  which  the  employer  member  had  meantime  resigned, 
established  $9.00  a  week  as  the  minimum  wage  for  adult  ex- 
perienced women  workers  in  mercantile  establishments,  tele- 
phone and  telegraph  companies,  and  office  work  in  cities  of  the 
first  class,  $8.50  in  cities  of  the  second  class  and  $8.00  in  all 
other  parts  of  the  State.  Minima  for  manufacturing  establish- 
ments, laundries,  hotels  and  restaurants  were  made  25  cents 
lower,  except  that  $8.00  was  retained  as  the  minimum  for  all 
parts  of  the  State  outside  of  the  large  cities.  This  determina- 
tion was  hardly  arrived  at  when  its  enforcement  was  held  up  by 
an  injunction  based  on  the  contention  that  the  act  was  unconstitu- 
tional. 

Foreseeing  this  difficulty  Ohio  was  farsighted  enough  to  insert 
a  minimum  wage  provision  into  its  new  constitution  of  1913.  If 
we  desire  similar  legislation  in  this  State  we  must  bestir  ourselves 
to  get  a  similar  provision  in  our  new  constitution. 

Since  we  cannot  yet  judge  from  American  experience  the 
effects  of  this  new  method  of  dealing  with  the  sweating  system, 
what  conclusions  are  suggested  by  an  analysis  of  the  economics 
of  the  matter?  Can  a  community  by  merely  decreeing  through 
a  board  or  commission  that  wages  as  high  or  higher  than  the  sum 
found  to  be  necessary  to  maintain  a  decent  standard  shall  hence- 
forth be  paid  to  its  women  workers  really  achieve  this  desirable 
result  ?  And  if  it  can  do  so,  will  the  plan  not  entail  other  hard- 
ships upon  women  workers  worse  than  the  disease  which  it  aims 
to  cxire? 

As  to  the  first  point  general  reasoning  and  the  experience  of 
Australia  and  England  justify  a  confident  "  yes."  If  the  com- 
munity stands  behind  the  policy  and  provides  the  necessary 
machinery  for  enforcement  a  decent  living  wage  can  be  secured 


Minimum  Wage  Symposium  651 

for  women  workers.  But  the  policy  clearly  involves  serious  re- 
adjustments. Employers  will  not  pay  such  wages  to  women  and 
girls  who  do  not  earn  it  A  selective  process  will  be  set  up  and 
those  who  are  so  stupid  and  inefficient  as  not  to  be  worth 
the  minimum  will  be  discharged.  Would  many  be  dis- 
charged in  a  city  like  New  York  if  say  an  $8.00  mini- 
mum were  imposed  for  experienced  workers  over  eighteen 
years  of  age  in  all  our  industries?  It  would  be  a  bold 
man  who  would  attempt  to  estimate  the  number.  My  own 
opinion  is  that  the  number  turned  off  would  not  be  large.  Dr. 
Woolston  has  estimated  that  the  establishment  of  a  $9.00  minimum 
for  experienced  department  store  girls  and  women  would  add  at 
the  outside  only  one-third  of  one  per  cent,  to  the  selling  price  of 
goods.  Even  if  the  whole  expense  were  passed  on  to  consumers 
the  burden  would  not,  therefore,  be  very  heavy.  It  is  doubtful,  if 
by  itself,  it  would  close  a  single  store,  though  by  putting  a  higher 
premium  on  efficient  workers  it  probably  would  cause  some  cur- 
tailing of  the  working  force.  Better  fed,  better  housed,  more  free 
from  worry,  the  employees  would  almost  certainly  be  more  efficient 
workers  than  they  now  are.  Fewer  could  do  the  same  work  that 
now  employs  a  larger  number.  Some  displacement  of  the  less 
skillful  might  also  be  expected  in  manufacturing  industries.  Dr. 
Woolston  has  estimated  that  to  establish  the  same  minimum  wage 
in  candy  factories  might  add  one-fourth  of  a  cent  a  pound  to  the 
cost  of  producing  candy.  The  consumption  of  candy  would  be 
little  influenced  by  such  a  change  as  this.  Fewer  employees  would 
come  about  mainly  from  the  greater  efficiency  of  those  who  were 
retained. 

But  displacement  of  the  stupid  and  inefficient  even  if  they  were 
not  found  to  be  very  numerous  would  be  a  hardship  for  them.  A 
starvation  wage  seems  to  the  person  who  gets  it  better  than  no 
wage  at  all. 

But  would  not  the  pressure  that  the  presence  of  this  class  of  in- 
capables  in  the  community  would  put  on  organized  society  to 
bestir  itself  in  their  behalf  in  the  end  prove  advantageous  to 
them  as  well  as  to  the  more  capable  who  are  retained  in  industry 
at  higher  wages  ?  I  am  strongly  of  that  opinion.  I  can  think  of 
nothing  that  would  give  a  greater  stimulus  to  all  our  plans  of 


652  Appendix  111 

social  betterment  than  a  policy  that  would  mark  out  clearly  as 
unemployable  because  incapable  of  earning  a  decent  living  those 
that  we  now  allow  to  struggle  along  on  the  verge  of  destitution. 
These  unfortunates  are  partly  supported  now  at  the  expense  of 
others.  Other  members  of  the  family  contribute  something, 
charity  contributes  something,  prostitution  contributes  something, 
and  some  are  slowly  losing  vitality  and  such  efficiency  as  they  have 
left  because  they  are  constantly  overworked  and  underpaid.  The 
industries  that  employ  them  have  been  characterized  accurately  as 
parasitic  industries.  They  do  not  pay  their  way,  and  consumers 
who  get  goods  cheaper  in  consequence  are  living  at  the  expense  of 
the  sweated  workers  or  of  those  who  supplement  their  earnings  to 
save  them  from  the  disastrous  consequences  of  earning  less  than 
suffices  for  decent  living. 

If  we  had  to  face  squarely  this  problem  we  should  be  much  more 
interested  in  plans  for  industrial  training  and  vocational  guid- 
ance. We  should  feel  more  concern  for  assisting  wage-earners 
who  are  able  to  earn  a  living  to  maintain  their  independence  by 
taking  steps  to  lessen  unemployment  and  to  provide  against  it  and 
against  losses  through  accidents,  through  illness  and  through  old 
age  through  wise  plans  of  social  insurance. 

In  my  judgment  this  greater  concern  over  other  aspects  of  the 
wage-earner's  problem  would  much  more  than  counterbalance  any 
hardships  that  adoption  of  minimum  wages  might  entail.  Even 
more  certain  are  the  direct  benefits  which  Victoria  has  already 
experienced.  Through  it  we  might  hope  to  standarize  wages  and 
hours  in  all  industries  and  thus  rescue  the  victims  of  the  sweating 
system  and  put  an  end  to  some  of  the  worst  forms  of  child  labor. 
Through  it  we  might  expect  to  bring  about  more  cordial  and 
sympathetic  relations  between  employers  and  employees,  based  on 
better  understanding  and  on  co-operation  in  a  joint-effort  to  miti- 
gate the  worst  phases  of  our  present  wage  system  —  wages  below 
the  living  level. 


Statement  of  iN".  I.  Stone 

Scarcely  more  than  a  year  has  passed  since  the  adoption  of  the 
first  minimum  wage  law  in  one  eastern  and  eight  western  states 


Minimum  Wage  Symposium  653 

of  the  Union,  so  that  the  country  is  practically  without  any  ex- 
perience gained  under  American  conditions.  Under  the  circum- 
stances there  is  a  great  deal  of  opposition  and  doubt  in  the  minds 
of  many  called  upon  to  deal  with  the  subject  as  to  whether  the 
legislation  is  desirable  and  if  so,  whether  its  enactment  is  not 
fraught  with  greater  evils  than  the  one  it  is  designed  to  remedy. 

Painstaking  and  dispassionate  investigations  by  the  New  York 
State  Factory  Investigating  Commission  conducted  in  a  number  of 
industries  in  which  information  as  to  wages  and  hours  of  labor 
was  obtained  from  the  employers'  own  payrolls  have  disclosed  the 
fact  that  thousands  of  workers  are  receiving  wages  far  below  the 
minimum  necessary  to  maintain  a  self-supporting  woman,  not  to 
speak  of  persons  with  families  to  support. 

In  its  report  on  Minimum  Wage  Boards  the  Massachusetts 
Minimum  Wage  Commission  has  aptly  applied  the  term  "  para- 
sitic "  to  such  industries. 

Says  the  Commission: 

"  Wherever  the  wages  of a  woman  are  less  than 

the  cost  of  living  and  the  reasonable  provision  for  maintain- 
ing the  worker  in  health,  the  industry  employing  her  is  in 
receipt  of  the  working  energy  of  a  human  being  at  less  than 
its  cost,  and  to  that  extent  is  parasitic.  The  balance  must 
be  made  up  in  some  way.  It  is  generally  paid  by  the  in- 
dustry employing  the  father;  it  is  sometimes  paid  in  part 
by  the  future  ineflSciency  of  the  worker  herself  and  by  her 
children,  and  perhaps  in  part  ultimately  by  charity  and  the 
State.  The  commission  believes  that  our  industries  in  gen- 
eral are  not  dependent  upon  such  underpaid  labor  and  that 
by  gradual  adjustment  of  wage  scales  the  present  unfortunate 
condition  in  a  number  of  employments  could  be  improved 
without  injury  to  the  employing  interests.  If  an  industry  is 
permanently  dependent  for  its  existence  on  underpaid  labor, 
its  value  to  the  Commonwealth  is  questionable."^ 

The  question  of  a  minimum  wage  thus  narrows  down  to  the 
elimination  of  parasitic  industries  or  rather  parasitic  establish- 

1  Report  of  Mass.  Comm.  on  Minimum  Wage  Boards,  1912,  p.  17. 


654  Appendix  III 

ments,  for  in  all  such  industries  manufacturers  will  be  found  who 
pay  a  living  wage  to  their  workers  in  spite  of  the  presence  of 
parasitic  competitors.  This  is  a  point  of  utmost  importance,  for 
upon  the  question  of  the  scope  to  be  assigned  to  minimum  wage 
legislation  will  depend  the  attitude  of  many  a  person,  particularly 
organizations  of  labor  and  of  employers  toward  the  proposed  legis- 
lation. Australia  and  New  Zealand,  pioneers  in  the  field  of  mini- 
mum wage  legislation,  present  two  distinct  conceptions  of  a  mini- 
mum wage.  A  differentiation  between  the  two  is  necessary  before 
any  arguments  in  favor  of  and  against  wage  legislation  can  be 
considered. 

The  determination  of  a  minimum  wage  in  New  Zealand  is  part 
and  parcel  of  its  arbitration  machinery.  In  the  settlement  of 
labor  disputes  its  boards  of  arbitration  are  called  upon  to  decide 
what  shall  be  the  wages  of  workers  of  various  occupations  in  a 
given  industry  affected  by  the  dispute.  The  wages  thus  awarded, 
like  most  union  wage  scales,  are  in  the  nature  of  minimum  wages, 
the  individual  worker  of  more  than  average  skill  being  free  to 
bargain  for  a  higher  wage  than  that  awarded  by  the  board,  and 
the  employer  being  willing  to  pay  a  higher  wage  for  higher  skill 
or  speed. 

As  has  been  well  pointed  out  by  Dr.  Clark  in  his  report  on 
Labor  Conditions  in  Australia, ^  a  minimum  wage  fixed  by  an 
Arbitration  Court  in  'Npw  Zealand  in  settling  or  preventing  a 
strike  is  meant  to  be  a  fair  wage  for  a  competent  skilled  worker 
and  of  course  tends,  and  rightly  so,  to  be  fixed  at  a  point  above  the 
minimum  amount  necessary  for  a  mere  subsistence.  In  determin- 
ing upon  such  a  wage  the  Arbitration  Court  takes  into  account  on 
the  one  hand  the  prevailing  highest  and  lowest  wages  in  the 
particular  industry  or  occupation  and  the  skill  required;  on  the 
other  hand,  it  considers  not  only  the  amount  necessary  to  maintain 
life  and  support  a  family,  but  also  to  enjoy  a  certain  degree  of 
comfort  and  to  be  able  to  provide  for  a  rainy  day  and  for  old  age. 

Not  so  with  the  minimum  wage  established  by  the  minimum 
wage  boards  of  Victoria  and  still  less  of  Great  Britain  or  Mas- 
sachusetts.    Here  the  conception  of  a  minimum  wage  is  in  closer 

2  Victor  S.  Clark,  Labor  Conditions  in  Australia,  Bulletin  of  the  Bureau  of 
Labor,  No.  56,  p.  61. 


Minimum  Wage  Symposium  655 

agreement  with  the  meaning  its  term  implies.  The  British  law, 
for  instance,  as  well  as  that  of  Victoria,  was  expressly  meant  to 
apply  to  the  "  sweated  trades,"  trades  known  for  their  practice 
of  paying  wages  insufficient  to  maintain  life  without  outside  as- 
sistance. Its  object  is  not  to  adjust  the  wages  of  all  of  the  workers 
in  an  industry  who  threaten  a  strike  or  have  actually  struck  for 
higher  wages,  but  to  extend  the  protecting  arm  of  the  State  over 
its  exceptionally  weak  wards,  who,  unable  to  fight  for  their  own 
interest,  find  themselves  submerged  in  the  industrial  whirl,  un- 
able to  rise  to  the  surface  by  their  own  effort.  A  minimum  wage 
board  operating  under  such  a  law  takes  little,  if  any,  cognizance 
of  the  skill  of  the  worker  and  its  fair  market  value  and  is 
guided  chiefly,  if  not  solely,  by  considerations  of  the  minimum 
amount  necessary  to  enable  the  workers  to  procure  food  and  cloth- 
ing and  other  necessities  in  order  to  maintain  themselves  in  good 
health  and  to  be  able  to  maintain  their  self-respect  among  their 
fellows  under  the  prevailing  standard  of  life.  In  Great  Britain 
and  Australia,  the  protection  of  the  law  extends  to  men  as  well 
as  to  women,  and  the  minimum  must  be  made  sufficiently  high  to 
enable  the  worker  not  only  to  maintain  himself,  but  also  to  sup- 
port the  dependent  members  of  his  family.  In  the  nine  states 
of  the  United  States  the  law  is  invariably  made  to  apply  to  women 
and  minors  only,  which  reduces  the  minimum  wage  to  the  amount 
necessary  for  the  maintenance  of  the  worker  alone. 

It  is  not  the  object  of  this  paper  to  review  the  many  arguments 
for  and  against  minimum  wage  legislation,  which  are  to  be  found 
in  the  writings  of  Professor  Henry  R.  Seager,  Florence  Kelley, 
Arthur  N.  Holcombe,  Sidney  Webb,  and  others.^  In  this  paper 
attention  will  be  directed  to  certain  aspects  of  the  wage  problem 
upon  Avhich  information  gathered  by  the  writer  at  first  hand  in 
the  course  of  investigations  conducted  first  for  the  United  States 
Tariff  Board  and  later  for  the  Wage  Scale  Board  of  the  Dress 
and  Waist  Industry  of  'New  York  City  may  throw  additional 
light. 

One  of  the  objections  raised  against  the  minimum  wage  law 


8  Eeferences  to  the  writings  of  these  and  other  writers  on  this  sub.iect  will 
be  found  in  the  bibliographies  prepared  by  Irene  Osgood  Andrews  and  Dr.  C. 
C.  Williamson,  which  appear  in  the  third  report  of  the  N.  Y.  State  Factory 
Investigating  Commission. 


656  '  Appendix  III 

is  the  injurious  effect  it  may  have  upon  industries  which  may 
not  be  able  to  advance  prices,  owing  to  competition  from  other 
states  or  for  other  reasons.  The  answer  to  this  objection  usually 
made  by  advocates  of  minimum  wage  legislation  is  that  an  in- 
dustry which  can  not  afford  to  pay  its  workers  a  minimum  wage 
necessary  for  their  existence  is  maintained  at  the  expense  of  other 
industries  or  of  society  as  a  whole;  in  other  words,  it  is  a  para- 
sitic industry  and,  as  such,  has  no  right  to  existence.  While  this 
answer  may  be  quite  to  the  point,  it  leaves  out  of  account  another 
aspect  of  the  wage  problem  which  has  not  received  due  emphasis 
in  the  discussions  of  the  legal  minimum  wage  which  has  been 
going  on  in  this  country  for  the  last  few  years,  and  that  is,  the 
relation  between  wages  and  the  cost  of  production. 

The  argument  in  question  against  the  minimum  wage  law  rests 
on  the  assumption  that  any  increase  in  wages  leads  to  an  equal 
increase  in  the  cost  of  production  which  must  find  its  counterpart 
in  an  increase  of  prices  or  lead  to  a  downfall  of  the  industry. 
Incidentally,  it  may  be  noted  that  all  such  arguments  are  based 
on  the  assumption  that  the  profits  of  the  employer  are  at  an  irre- 
ducible minimum,  so  that  any  reduction  in  that  item  is  tan- 
tamount to  a  death  sentence  for  the  industry.  That  in  a  great 
many  industries  the  employers,  whether  individuals  or  corpora- 
tions, could  stand  a  moderate  reduction  of  their  profits  for  the 
benefit  of  those  of  their  employes  who  are  receiving  wages  ad- 
mittedly below  the  minimum  necessary  to  sustain  life,  goes  with- 
out question.  However,  that  such  a  sacrifice  is  hardly  ever  nec- 
essary is  the  point  which,  it  is  hoped,  will  be  made  clear  by  what 
follows. 

The  assumption  that  an  increase  of  wages  involves  an  equal 
increase  in  the  cost  of  production  rests  upon  the  theory  that 
the  cost  of  production  is  something  rigidly  fixed  by  the  wages 
paid  for  labor  and  the  price  of  materials.  Given  a  certain  rate 
of  wages  and  a  certain  price  of  materials,  the  cost  of  production 
is  merely  the  sum  of  these  two  which  will  not  change  as  long  ^ 
the  two  component  elements  of  wages  and  materials  remain  the 
same;  likewise,  any  increase  or  reduction  in  either  of  these  ele- 
ments causes  a  corresponding  rise  or  fall  in  the  cost  of  production, 
and  ultimately  in  the  price  of  tihe  commodity. 


Minimum  Wage  Symposium  657 

That  this  theory  is  utterly  at  variance  with  actual  facts;  that 
a  relatively  high  cost  of  production  is  the  concomitant  evil  of 
"  cheap  "  labor,  by  which  is  usually  meant  low  paid  labor ;  that 
highly  remunerated  labor  is,  as  a  rule,  the  cheapest  labor  in  the 
end,  startling  as  it  may  seem  when  thus  baldly  stated,  is  the 
conclusion  to  which  the  investigations  of  the  United  States  Tariff 
Board  into  the  cost  of  production  irresistably  lead.  Finally,  it 
may  be  said  to  form  the  cornerstone  of  the  new  science  of  effi- 
ciency, the  true  teachings  of  which  are  as  yet  much  misunder- 
stood both  by  captains  of  industry  and  by  leaders  of  organized 
labor. 

The  United  States  Tariff  Board  made  an  exhaustive  study  of 
the  cost  of  production  in  the  paper,  woolen  and  cotton  industries. 
The  reason  for  the  creation  of  the  Tariff  Board  and  the  object 
of  its  investigations  was  to  find  the  cost  of  production  of  various 
commodities  as  compared  with  that  in  foreign  countries,  in  order 
to  furnish  Congress  with  a  measure  of  protection  for  American 
industries  against  the  competition  of  the  cheaper  labor  of  Europe. 
In  every  instance,  the  Tariff  Board  found  that  there  was  no  such 
thing  as  a  cost  of  production;  that  costs  varied  not  only  in  the 
same  industry  and  in  the  same  city,  but  in  the  same  plant;  last, 
but  not  least,  that  neither  the  total  cost,  nor  the  labor  cost  varied 
in  a  direct  ratio  with  the  rate  of  wages  paid. 

Highly  Paid  Men  Working  Eight  Hours  Per  Day  Are  Cheaper 
Than  Lower  Paid  Men  Working  Twelve  Hours  a  Da/y 

Thus  in  the  paper  and  pulp  industry  it  was  found  that  the 
labor  cost  of  making  a  ton  of  news-print  paper  in  the  United 
States  varied  from  $2.19  to  $7.26  per  ton.*  The  most  remark- 
able fact  about  it  was  that  the  mills  paying  the  lowest  wages  and 
having  a  twelve  hour  day  had  a  higher  labor  cost  per  ton  of 
paper  than  those  paying  the  highest  rates  of  wages  and  having 
an  eight  hour  day. 

The  solution  of  this  puzzle  lies  in  the  chapter  of  the  report 
dealing  with  the  "  Efficiency  of  Equipment  in  Paper  Mills." 
Mills  were  found  to  vary  greatly  in  this  respect.     Some  had 

4U.  S.  Tariff  Board  Report  on  Pulp  and  News  Print  Paper  Industry,  1911, 
p.  39. 


658  Appendix  III 

machinery  thirty  years  old,  while  others  boasted  of  machines  with 
latest  improvements.  The  older  machines  had  a  capacity  of  17 
tons  in  24  hours,  while  the  newer  machines  could  produce  50  tons. 
The  result  was  that  the  machine  cost  of  labor  per  ton  of  paper  was 
$1.84  on  the  old  machine  and  only  82  cents  with  the  new,  the 
same  rate  of  wages  being  paid  to  the  machine  tenders  in  each 
case.'' 

But  important  as  the  machine  equipment  is  in  determining  the 
efficiency  of  labor,  the  human  equation  is  subject  to  no  less  varia- 
tion under  certain  conditions. 

When  the  agitation  for  the  removal  of  the  import  duty  on 
news-print  paper  resulted  in  an  inquiry  by  a  special  committee 
of  Congress,  a  representative  of  one  of  the  largest  paper  mill 
companies  in  the  country  pointed  to  the  fact  that  they  had  re- 
cently reduced  the  hours  of  labor  from  twelve  to  eight,  without 
reducing  the  weekly  rate  of  wages,  with  the  consequent  increase 
of  33  per  cent,  in  their  labor  cost.  The  figures  secured  by  the 
Tariff  Board  from  the  books  of  several  mills,  including  those  to 
which  reference  was  made  before  the  Committee  of  Congress, 
showed  a  reduction  in  the  labor  cost  per  ton  of  paper  from  $4.35 
to  $3.73  in  1909  under  the  eight  hour  system.  In  other  words, 
an  increase  in  the  hourly  rate  of  wages  to  the  extent  of  33  per 
cent,  not  only  failed  to  result  in  a  correspanding  increase  in  the 
cost  of  labor  per  ton  of  paper,  but,  strange  as  it  may  seem,  was 
accompanied  by  an  actual  reduction  in  cost.  While  the  figures 
of  $4.35  in  1908  happened  to  be  the  highest  in  ten  years,  there 
was  not  a  single  year  in  that  decade  under  the  twelve  hour  system 
which  showed  as  low  a  cost  as  in  1909,  the  first  year  under  the 
eight  hour  system.®  On  the  other  hand,  when  it  is  remembered 
that  during  a  large  part  of  the  year  1909  the  mills  were  idle, 
owing  to  the  strike  for  shorter  hours  and  that  costs  are  usually 
above  normal  when  a  plant  is  started  up  after  a  long  period  of 
idleness,  there  is  every  reason  to  believe  that  the  labor  cost  was 
still  further  reduced  after  1909. 

Yet  it  can  not  be  said  that  there  was  a  radical  change  in  the 

6  Ibid.,  p.  i52. 

6  U.  S.  Tarifif  Board  Report  on  Pulp  and  News-Print  Paper  Industry,  p.  79. 


Minimum  Wage  Symposium  659 

equipment  of  the  mills  to  which  these  figures  relate,  immediately 
following  the  introduction  of  the  eight  hour  shift.  The  change 
was  due  largely  to  the  increase  of  the  personal  efficiency  of  the 
workers  under  the  shorter  day.  The  duties  of  a  machine  tender 
in  a  paper  mill  consist  chiefly  in  watching  the  thin  sheet  of 
paper  as  it  first  appears  on  the  large  cylinder  of  the  machine. 
A  slight  twist  at  the  outset  will  result  in  reams  of  paper  being 
torn  on  the  cylinder,  with  a  mad  rush  of  all  the  tenders  in  an 
endeavor  to  set  things  right  and  will  frequently  require  a  com- 
plete stoppage  of  the  machine,  all  of  which  greatly  increases  the 
cost  of  production.  The  fatigue  caused  by  twelve  hours  of  such 
nervous  and  physical  strain  resulted  in  a  much  greater  proportion 
of  damaged  paper  and  interruption  of  work '  than  was  the  case 
after  the  adoption  of  the  eight  hour  day.  With  the  hours  of  labor 
cut  down  from  twelve  to  eight,  the  machine  tender  was  relieved 
from  duty  during  the  last  four  hours,  when  he  used  to  be  tired 
out  most  and  when  his  alertness  and  general  efficiency  were  at 
their  loM^est  ebb.  The  change  in  working  hours  not  only  enabled 
him  to  leave  the  mill  less  fatigued  than  formerly,  but  with  the 
resting  period  increased  by  four  hours  a  day,  the  recuperation 
was  more  thorough,  so  that  his  alertness  of  mind  and  body  was 
greater  upon  his  return  to  work  than  it  used  to  be  even  during 
the  first  eight  hours  under  the  old  system.  With  his  mind  more 
alert,  he  was  able  to  detect  in  time  imperfections  which  formerly 
escaped  his  attention.  This  resulted  in  so  great  an  increase  in 
the  relative  time  the  machines  were  in  actual  operation  (free 
from  breakdowns  and  stoppages),  accompanied  by  a  reduction  in 
the  quantity  of  damaged  paper  on  which  labor  had  been  expended 
in  the  preceding  stages  of  production  and  therefore  wasted,  that 
the  labor  cost  of  production  of  paper  declined  in  spite  of  the  in- 
crease in  the  hourly  rate  of  wages. 

American  Weaver  at  $1.60  Per  Day  Cheaper  Than  Japanese 

Weaver  at  18.5  Cents 

Even  more  striking  proved  many  of  the  facts  disclosed  by  the 

investigation  of  the  cotton  industry.     In  spite  of  higher  wages 

prevailing  in  the  United  States,  as  compared  with  England,  and 


660  Appendix  III  *  .  ^ 

the  longer  start  which  the  English  cotton  industry  has  had  over 
the  American,  it  was  found  that  many  varieties  of  cotton  goods, 
including  some  of  the  finest  women's  dress  goods,  were  being  sold 
at  lower  prices  in  the  United  States  than  in  England  ^  and  ex- 
ported to  Canada  in  competition  with  British  goods  in  spite  of 
the  preferential  tariff  in  favor  of  England  which  put  imports 
from  the  United  States  at  a  disadvantage.*  That  American 
cotton  goods  compete  with  English  in  China  and  South  America 
was  known  before  the  Tariff  Board  had  made  its  investigation. 
But  fear  was  expressed  of  the  coming  menace  of  Japanese  com- 
petition with  its  15  cents-a-day-weavers.  The  Tariff  Board,  there- 
fore, extended  its  investigation  to  Japan  and  figures  obtained 
direct  from  the  books  of  leading  Japanese  mills  compared  with 
similar  data  for  corresponding  mills  in  the  United  States  led  to 
the  startling  revelation  that  with  the  superior  American  ma- 
chinery and  superior  personal  efficiency  of  American  labor  the 
American  weaver  receiving  $1.60  per  day  was  cheaper  than  the 
Japanese  weaver  at  18.5  cents  per  day.® 

Poorly  Paid  Labor  in  the  Woolen  Industry  Dearer  Than  Higher 

Paid  Labor 

A  study  of  labor  efficiency  in  the  various  processes  of  wool 
manufacture  made  by  the  Tariff  Board  showed  that  almost  invari- 
ably the  mills  paying  higher  rates  of  wages  per  hour  produced 
goods  at  a  lower  cost  than  their  competitors  paying  lower  wages.  A 
brief  summary  of  the  findings  of  the  board  with  reference  to  that 
industry  made  elsewhere  by  the  writer,^**  will  make  this  clear. 

Thus,  in  wool  scouring  the  lowest  average  wages  paid  to  ma- 
chine operatives  in  the  thirty  mills  examined  was  found  to  be  12.16 
cents  per  hour,  and  the  highest  17.79."  Yet  the  low-wage  mill 
showed  a  labor  cost  of  twenty-one  cents  per  hundred  pounds  of 
wool,  while  the  high-wage  mill  had  a  cost  of  only  fifteen  cents. 
One-half  of  the  difference  was  accounted  for  by  the  fact  that  the 

7  T".  g.  Tariff  Board  Report  on  Cotton  Manufactures,  pp.  563-565. 

8  Ibid.,  pp.  .571-575. 

9  Ibid.,  p,  12.    Weavers  wage  bill,  table  102,  p.  526. 

10  Schedule  K,  Century  Magazine,  May,  1913,  p.  118. 

11  Tariff  Board  Report  on  Wool  and  Manufactures  of  Wool,  p    1022. 


Minimum  Wage  Symposium  661 

low-wage  mill  paid  nine  cents  per  hundred  pounds  for  supervis- 
ory labor,  such  as  foremen,  etc.,  while  the  high-wage  mill  paid 
only  six  cents.  Apparently  well-paid  labor  needs  less  driving  and 
supervising  than  low-paid  labor. 

In  the  carding  department  of  seventeen  worsted  mills  the  mill 
paying  its  machine  operatives  an  average  of  13.18  cents  per  hour 
had  a  machine  labor  cost  of  four  cents  per  hundred  pounds,  while 
the  mill  paying  its  machine  operatives  only  11.86  cents  per  hour 
had  a  cost  of  twenty-five  cents  per  hundred  pounds.  This  was 
due  largely  to  the  fact  that  the  lower-cost,  high-wage  mill  had 
machinery  enabling  every  operator  to  turn  out  more  than  326 
pounds  per  hour,  while  the  high-cost,  low-wage  mill  was  turning 
out  less  than  forty-eight  pounds  per  hour.^^ 

The  same  tendency  was  observed  in  the  carding  departments  of 
twenty-six  woolen  mills.  The  mill  with  the  highest  machine  outr 
put  per  man  per  hour,  namely  57.7  pounds,  had  a  machinery  labor 
cost  of  twenty-three  cents  per  hundred  pounds,  while  the  mill  with 
a  machine  output  of  only  six  pounds  per  operative  per  hour  had 
a  cost  of  $1.64  per  hundred  pounds.  Yet  this  mill,  with  a  cost 
seven  times  higher  than  the  other,  paid  its  operatives  only  9.86 
cents  per  hour,  as  against  13.09  cents  paid  by  its  more  successful 
competitor.  ^^ 

These  examples  could  be  repeated  for  every  department  of 
woolen  and  worsted  mills,  but  will  suffice  to  illustrate  the  point 
that  higher  wages  do  not  necessarily  mean  higher  costs.  They 
show  that  mill  efficiency  depends  more  on  a  liberal  use  of  the  most 
improved  machinery  than  on  low  wages.  Thoughtful  planning 
in  arranging  the  machinery  to  save  unnecessary  steps  to  the  em- 
ployees, careful  buying  of  raw  materials,  the  efficient  organiza- 
tion and  utilization  of  the  labor  force  in  the  mill,  systematic 
watching  of  the  thousands  of  details,  each  affecting  the  cost  of 
manufacture,  will  reduce  costs  to  an  astonishing  degree. 

Herein  lies  the  explanation  of  the  fact  that  with  indisputably 
higher  wages,  the  exports  of  manufactured  goods  from  the  United 
States  are  increasing  by  leaps  and  bounds,  competing  in  the  world's 
markets  with  the  "  cheaper  "  labor  of  Europe  and  Asia.   What  the 

"Ibid,  p.  1024. 
"Ibid,  p.  1026. 


662  Appendix  III 

Tariff  Board  reports  have  shown  in  detail  for  the  three  industries 
mentioned,  is  shown  by  the  supreme  test  of  practical  success  for  a 
multitude  of  industries  by  the  following  encyclopedic  list  of 
American  goods  offered  "  abroad  for  sale  in  open  competition  with 
Germany  and  Great  Britain  "  which  Secretary  Redfield  picked  at 
random  from  one  export  journal : 

"  Ironmongery,  fine  tools,  bicycles,  sporting  goods,  lamps,  razors, 
firearms,  carriage  maker's  supplies,  sanitary  goods,  lighting  sys- 
tems, dry  goods,  men's  furnishing  goods,  boots  and  shoes,  corsets, 
hats,  caps,  textiles,  clothing,  women's  furnishings,  office  furniture, 
office  devices,  stationery,  typewriters,  filing  cabinets,  printers'  sup- 
plies, paper,  machine  tools,  boilers,  lubricants,  electrical  material, 
valves,  wood-working  machinery,  belting,  shafting,  pidleys,  pack- 
ing, furniture,  kitchenware  and  agricultural  implements."" 

Higher  Wages  a  Stimulus  to  Higher  Efficiency 

So  much  for  the  efficiency  of  the  management.  It  may  be  said 
that  there  need  not  be  any  relation  between  the  wages  of  the  help 
in  the  factory  and  the  efficiency  of  the  management  at  the  head  of 
the  mill.  While  there  seems  to  be  no  necessary  connection  be- 
tween the  two,  economic  literature  is  full  of  references  to  the 
fact  that  successful  strikes  resulting  in  an  appreciable  increase 
of  wages  or  reduction  of  hours  have  been  followed  by  the  introduc- 
tion of  new  machinery  or  other  labor  saving  devices  to  offset  the 
increased  cost.  All  things  remaining  equal,  an  increase  of  wages 
must  necessarily  lead  to  an  increase  in  the  cost  of  production. 
The  increased  cost,  threatening  a  diminution  of  profits,  acts  as 
a  powerful  stimulus  with  the  owner  or  manager  of  a  plant  who 
is  anxious  to  find  means  of  reducing  the  increased  cost,  where  he 
was  satisfied  before  to  plod  along  in  the  established  rut. 

Without  attempting  to  extend  the  limits  of  this  paper  with 
numerous  instances  of  this  kind,  with  which  the  industrial  history 
of  every  advanced  country  abounds,^^  it  is  sufficient  to  refer  to  the 
general  experience  of  industrial  countries.     A  general  survey  of 

M  Wm.  C.  Redfield.  The  New  Industrial  Day.  A  book  for  men  who  employ 
men.     1912,  p.  88. 

15  For  interesting  illustrations  on  this  point  see  Sidney  Webb,  The  Economic 
Theory  of  a  Legal  Minimum  Wage.  Journal  of  Pol.  Economy,  1912,  pp.  973- 
998. 


Minimum  Wage  Symposium  663 

countries,  like  tlie  United  States,  England,  France,  Germany, 
Russia,  India,  China,  will  show  that  the  extent  of  labor  saving 
machinery  and  general  efficiency  of  industrial  organization  in 
these  countries  rises  as  we  pass  along  an  ascending  scale  of  wages 
from  country  to  country  and  from  period  to  period  in  the  same 
country.  For  the  tendency  of  human  nature  to  follow  the  path  of 
least  resistance  is  the  same  the  world  over;  owners  of  manufac- 
turing plants  being  no  exception  to  the  rule,  are  satisfied  to  follow 
established  methods  and  inherited  tradition  until  a  change  be- 
yond their  control,  such  as  a  sndden  increase  of  wages,  compels 
them  to  seek  compensating  advantages  in  more  efficient  methods. 

But  not  alone  the  management  experiences  the  quickening  ef- 
fect of  higher  wages.  The  increase  in  the  personal  efficiency  of 
the  worker,  manifested  in  an  increased  capacity  for  productive 
exertion,  even  without  the  introduction  of  more  efficient  methods 
of  production,  is  another  inevitable  consequence.  The  experience 
of  the  paper  mill  industry  upon  the  substitution  of  the  eight- 
hour  for  the  twelve-hour  labor  day  for  its  skilled  workers,  cited 
above,  is  but  one  instance  of  what  has  been  practically  the  uni- 
versal experience  in  industry.  An  increase  of  wages  acts  as  an 
added  stimulus,  especially  where  the  old  wages  were  inadequate 
to  furnish  the  worker  with  nourishing  food  without  which  he  or 
she  lacked  1;Jie  necessary  energy.  Secretary  Redfield's  experience, 
interesting  because  he  speaks  as  an  employer  of  labor  who  has  had 
more  than  ordinary  opportunities  to  compare  the  efficiency  of 
labor  throughout  the  world,  furnishes  perhaps  the  most  illumi- 
nating illustrations  of  this  fact. 

Most  of  Secretary  Redfield's  striking  illustrations  show  how 
highly  paid  American  labor  is  made  cheaper  than  poorly  paid 
European  and  Asiatic  labor  through  superior  American  machinery 
and  industrial  methods.  One  illustration  which  brings  out  with 
singular  clearness  the  connection  between  high  wages  and  personal 
efficiency  is  worth  reproducing  here: 

"  Once,  when  my  office  was  located  in  Paris,  I  employed  a  lot 
of  French  carpenters  and  paid  them  10  francs  a  day  —  $1.90 
each  —  and  at  the  end  of  three  or  four  days  I  was  well-nigh 
crazy.  Down  the  long  aisle  of  the  building  I  saw  a  familiar-look- 
ing tool  box,  with  a  saw  sticking  from  the  end,  and  I  ran  to  the 
place  and  found  a  man  who  looked  like  an  American  carpenter. 


664:  Appendix  III 

"Are  you  a  Yankee  V  I  said.    '  I  want  to  employ  you  at  once,' 

"  He  said.  'Boss,  I  charge  $4.50  a  day.'  I  said,  Come  right 
along.' 

"  Two  days  later  I  discharged  four  Frenchmen,  for  my  one 
American  carpenter  did  more  work  than  the  four  Frenchmen  — 
and  I  saved  money  by  the  process. 

"  There  are  sound  reasons  why  the  American  carpenter  did  as 
much  work  as  four  Frenchmen. 

"A  French  workman  goes  to  work  having  eaten  almost  nothing. 
For  breakfast  he  has  nothing  more  than  a  bit  of  bread  without 
butter,  and  coffee.  At  11  o'clock  he  stops  to  eat  a  little  bread  and 
drink  a  little  sour  vrine.  That  is  all  I  ever  saw  any  of  them  eat. 
At  3  o'clock  he  stops  again  to  eat  a  little  bread  and  drink  a  little 
sour  wine.  After  he  gets  through  at  night  he  has  what  he  calls 
a  dinner.  Such  a  man  can  not  work  at  any  labor  requiring  steady 
physical  exertion  continuously  under  pressure  in  competition  with 
a  man  who  eats  three  square  meals  a  day."  ^® 

If  these  facts  are  true  of  men  earning  wages  which  are  adequate 
under  the  standard  of  life  to  which  they  are  accustomed,  how 
much  stronger  must  the  connection  be  between  personal  inefficiency 
and  wages  which  spell  partial  starvation  or  other  privation  ?  This 
has  been  so  well  put  by  H.  La  Rue  Brown,  Chairman  of  the 
Massachusetts  Minimum  Wage  Commission,  that  it  is  well  worth 
repeating : 

"  There  is  nothing  which  makes  for  inefficiency  like  hunger, 
worry  and  discontent.  As  a  rule,  you  can  be  sure  that  the  under- 
paid girl  is  hungry,  that  she  is  a  victim  of  nearly  continual  worry, 
that  she  is  overworked  because  she  is  trying  to  do  her  own  cook- 
ing and  washing  as  well  as  her  work  in  the  shop  and  that  she  is 
not  getting  the  food  and  the  care  to  keep  her  in  condition  to  do 
good  work,  even  if  her  mental  attitude  could  be  such  as  to  inspire 
it.  No  man  can  say  how  many  of  the  girls  now  said  to  be  in- 
efficient and  '  not  worth '  the  miserable  wages  paid  would  not 
be  worth  a  higher  wage  if  they  were  paid  it.  .  .  .  If  this 
sort  of  service  were  paid  for  under  conditions  which  made  for 
effiiciency,  it  is  very  likely  that  the  service  would  become  efficient 
in  proportion."  " 

16  Wm.  C.  Eedfield,  The  New  Industrial  Day,  pp.  91-92. 

"Annals  of  the  Amer.  Acad,  of  Pol.  and  Soc.  Science,  v.  48,  p.  18. 


Minimum  Wage  Symposium  665 

What  is  to  Become  of  the  Worker  Not  Worth  the  Minimum  Wage? 

This  brings  us  to  the  question  of  what  is  to  become  of  the 
worker  of  less  than  average  efficiency  who  is  said  not  to  be  able 
to  earn  the  minimum  wage.  It  is  feared  that  the  adoption  of  a 
minimum  wage  law  would  throw  many  persons  out  of  work,  who, 
in  the  opinion  of  their  employers  were  not  worth  the  minimum 
wage.  Admitting  the  existence  of  such  workers  among  women 
and  minors,  there  are  other  ways  of  dealing  with  the  most  help- 
less class  of  workers  than  throwing  them  out  on  the  street. 

The  bulk  of  those  incapable  of  earning  a  minimum  wage  may 
be  divided  into  four  classes:  1.  Apprentices  or  learners.  2. 
Workers  of  less  than  average  skill  or  speed,  due  to  advanced  age 
or  physical  defects  or  infirmity.  3.  Workers  who  are  incompetent 
owing  to  lack  of  training  or  education.  4.  Exceptionally  in- 
capable or  slow  people. 

1.  As  to  the  first,  the  law  should  recognize  the  existence  of  this 
class  of  workers  by  authorizing  a  separate  and  lower  minimum 
wage  than  for  adult  experienced  workers.  This  is  the  practice 
today  in  seven  out  of  nine  states  having  a  legal  minimum  wage. 
The  practice  may  easily  lend  itself  to  abuse  on  the  part  of  un- 
scrupulous employers  who  might  find  a  way  of  having  most  of 
the  work  done  by  unskilled  help  who  would  be  classed  as  learners. 
The  Washington  statute  authorizing  the  Commission  to  set  a  time 
limit  for  the  period  of  apprenticeship  may  prove  instrumental 
in  preventing  the  employment  of  the  same  person  at  less  than  a 
minimum  wage  beyond  a  certain  period.  It  would  not,  however, 
prevent  an  employer  from  substituting  new  "  learners  "  for  the 
old  upon  the  expiration  of  their  licenses  and  thus  evade  the  opera- 
tion of  the  mininium  wage  law  for  the  greater  part  of  his  em- 
ployees. 

In  the  dress  and  waist  industry  of  New  York  city  operating 
under  the  protocol  fixing  minimum  rates  of  wages  for  various 
occupations,  an  investigation  conducted  by  the  writer  disclosed  the 
presence  of  from  one-fourth  to  more  than  one-half  of  the  workers 
in  different  occupations  earning  less  than  the  minimum  wage,  the 
employers  claiming  that  the  workers  in  question  were  learners. ^^ 

18  Wages  and  Employment  in  the  Dress  and  Waist  Industry,  Bulletin  No,  146 
of  the  U.  S.  Bureau  of  Labor  Statistics,  1914,  pp.  12-13, 


666  Appendix  III 

It  therefore  would  seem  appropriate  to  set  a  limit  to  the  proportion 
that  the  number  of  learners  or  apprentices  may  constitute  of  the 
total  number  of  employees  in  any  establishment.  The  limit  could 
be  either  set  in  the  statute  or,  preferably,  the  Commission  should 
be  authorized  by  law  to  set  different  limits  in  different  industries 
after  an.  investigation  of  the  technical  conditions  and  system  of 
of  division  of  labor  will  have  determined  the  proportion  of  ap- 
prentices which  can  be  employed  in  a  given  industry.  N'o  state, 
to  the  knowledge  of  the  writer,  has  such  a  provision  at  present 
in  its  minimum  wage  law. 

2.  In  the  case  of  defective  persons  incapable  of  earning  a  mini- 
m.um  wage,  it  seems  fair  both  to  the  employer  and  to  these  people 
that  the  law  should  vest  the  Commission  with  authority  to  make 
exceptions  in  their  favor  by  issuing  special  licenses  or  permits 
for  the  employment  of  s.uch  persons  at  a  wage  stipulated  in  the 
license.  This  is  the  practice  today  in  eight  of  the  nine  states 
having  minimum  wage  laws,  the  only  exemption  being  Utah, 
which  has  no  minimum  wage  commission  and  which  fixes  the 
minimum  rate  in  the  law  itself.  The  economic  justification  of 
granting  exception  to  defective  persons  is  to  be  found  in  the  fact 
that  people  of  this  class  working  at  a  lower  rate  of  wages  do  not 
compete  with  the  normal  workers  employed  at  a  higher  wage, 
since  they  can  not  render  the  same  service.  By  providing  for  the 
personal  licensing  of  every  defective  worker  by  the  Commission 
and  for  the  determination  of  the  wage  of  such  worker  by  the 
Commission,  the  possibility  of  abusing  the  law  is  minimized.  As 
a  further  guard  against  abuse,  it  may  be  wise  to  follow  the  ex- 
ample of  Minnesota  in  setting  a  limit  to  the  number  of  such 
workers  in  any  establishment,  the  limit  in  that  state  being  fixed 
at  10  per  cent,  of  the  employees  in  the  establishment,  which  seems 
to  'be  rather  high. 

3.  This  class  of  workers  presents  a  more  serious  problem.  Un- 
less they  can  be  made  to  fit  into  the  class  of  apprentices,  it  would 
be  dangerous  to  make  exceptions.  Without  a  visible  personal 
defect,  as  in  the  case  of  defectives  discussed  above,  it  would  be 
most  difficult,  if  not  impossible,  for  the  Commission  to  determine 
whether  a  given  person  was  so  incompetent  as  to  justify  exemption 
from  the  operation  of  the  law.    That  such  a  provision  would  offer 


t  Minimum  Wage  Symposium  667 

opportunities  for  the  wilful  evasion  of  the  law,  needs  no  demon- 
stration. 

Moreover,  as  the  minimum  wage  to  be  adopted,  would  be  only  a 
subsistence  wage,  it  ought  to  apply  to  any  adult  worker  useful 
enough  to  warrant  her  employment.  Workers  with  an  efficiency 
so  low  as  to  make  their  employment  unprofitable  at  a  minimum 
wage  would  fall  under  class  4. 

4.  The  exceptionally  incapable  people  whose  efficiency  is  below 
the  average,  whether  because  of  inherited  physical  or  tempera- 
mental defects,  or  of  unfortunate  surroundings  in  the  formative 
period  of  life,  or  of  lack  of  early  training,  or  of  any  of  the  numer- 
ous other  causes  which  breed  human  wrecks  and  human  failures, 
constitute  a  class  beyond  the  reach  of  a  minimum  wage  law.  A 
large  part  of  these  is  redeemable  for  their  own  and  society's  good. 
Industrial  training  accompanied  by  vocational  guidance  is  the 
most  promising  agency  for  their  redemption.  A  broad  program 
for  the  education  and  social  uplift  of  the  masses  seems  to  be  a 
necessary  corollary  of  an  efficient  minimum  wage  law. 

But  granting  that  the  realization  of  these  reforms  would  re- 
quire considerable  time,  and  that  in  the  meanwhile  the  handling 
of  the  inefficients  would  constitute  a  serious  problem,  it  is  perti- 
nent to  ask  whether  the  interests  of  society  as  a  whole  would 
not  be  better  conserved  by  the  protection  of  its  normal  workers 
who  constitute  the  overwhelming  majority,  rather  than  by  allowing 
an  insignificant  subnormal  and  abnormal  minority  to  hang  like 
a  stone  around  the  neck  of  the  majority  and  drag  it  down  to  its 
own  level  ?  Even  if  all  the  members  of  the  minority  had  to  be 
supported  by  public  charity  until  they  were  fitted  for  self-support 
—  an  assumption  for  the  sake  of  argument,  which  is  by  no  means 
warranted  —  it  would  be  cheaper  in  the  end  to  do  so,  rather  than 
to  allow  them  to  reduce  large  numbers  of  workers  who  are  fully 
worth  a  minimum  wage,  to  partial  starvation  or  dependence  upon 
charity,  vice  or  crime. 

As  Sidney  Webb  has  so  well  pointed  out,  the  adoption  of  a  legal 
minimum  wage  substitutes  for  the  competition  in  price,  competition 
in  effieiency.^^     Under  free  and  unrestrained  competition  among. 

i9  Sidney  Webb,  Economic  Theory  of  a  Legal  Miniroura  Wage,  Journal  of 
Pol,  Economy,  1912,  p,  979, 


668  Appendix  III 

workers,  when  the  supply  of  labor  exceeds  the  demand,  the  in- 
eflBcient  worker  gets  the  best  of  the  efficient  one  by  consenting  to 
work  for  a  lower  wage.  When,  however,  the  employer  cannot 
go  below  a  certain  minimum,  he  naturally  prefers  the  best  worker 
he  can  get  for  the  money.  Under  unrestrained  labor  competition 
the  inefficient  frequently  displaces  the  efficient  worker;  under  a 
system  of  a  legal  minimum  wage  the  efficient  worker  gets  the  pref- 
erence and  the  inefficient  is  the  last  to  be  called  in  to  fill  industrial 
vacancies,  —  a  distinct  economic  gain  for  society. 

Perhaps  this  accounts  for  the  fact  that  all  the  dire  prophecies 
of  the  imminent  ruin  of  the  Australian  industries  which  were 
made  at  the  time  of  the  enactment  of  the  first  minimum  wage  law 
have  failed  to  materialize.  After  having  a  legal  minimum  wage 
in  effect  for  nearly  18  years  (since  1896),  Victoria  to-day  is 
stronger  industrially  than  ever  before.  In  the  five  "sweated 
industries  "  to  which  the  law  was  first  made  applicable,  wages  have 
increased  from  12  to  35  per  cent.,  while  the  hours  of  laljor  Ijave 
been  reduced.^**  During  the  same  period  the  number  of  factories 
in  Victoria  increased  from  3,370  in  1896  to  7,750  in  1912  and 
the  number  of  workers  employed  increased  more  than  two  and  one- 
half  times,  from  40,814  to  104,746."  When  it  is  borue  iii  mind 
that  Victoria  goes  much  further  than  any  American  state  by  fix- 
ing the  minimum  wage  not  only  for  women  and  minors,  but  also 
for  men,  the  repudiation  of  the  fallacy  which  regards  a  living  wage 
as  synonymous  with  industrial  ruin,  becomes  the  more  emphatic. 


Statement  of  Fkank  H.  iStreightoff 
If  a  living  wage  either  for  women  or  for  men  is  adopted  as  a 
legal  minimum  compensation  it  will  necessitate  an  increase  of 
two,  three,  and  even  possibly  more  dollars  a  week  in  the  remunera- 
tion of  a  considerable  number  of  employees.  Such  additions  will 
be  a  rather  large  fraction  of  the  present  earnings  of  these  in- 
dividuals, especially  of  the  lowest  paid  women.  Since  most  of  the 
•  sweated  industries  are  keenly  competitive,  an  increase  in  wages 

20  Webb,  ibid.,  p.  973. 
.  ZiKeport  of  Chief  Inspector  of  Factories  and  Shops  of  Viptoria,  19J3, 


Minimum  Wage  Symposium  669 

paid  for  the  same  labor  will  naturally  mean  that  the  producers 
who  are  barely  making  a  success  of  their  business  will  be  forced  to 
raise  prices.  The  result  will  be  one  of  two  alternatives.  If  the 
men  producing  at  the  highest  costs  cannot  find  a  market  at  these 
increased  prices,  there  is  no  choice  for  them  but  to  shut  down. 
That  will  mean  that  their  employees  will  be  thrown  out  of  work. 
Suppose,  on  the  other  hand,  that  these  least  efficient  producers  are 
enabled  to  remain  in  business;  prices  will  have  to  be  raised 
enough  to  cover  the  full  amount  of  the  higher  wage  bill.  An  in- 
crease of  prices  will  mean  a  shrinking  of  the  demand  either  for 
the  product  of  the  affected  industry  alone,  or  for  the  output  of 
several  forms  of  business.  Whether  this  decrease  in  demand  is 
general  or  particular  it  will  diminish  the  need  for  labor.  In  short, 
whether  the  least  able  producers  remain  in  business  or  fail  abso- 
lutely, there  will  be  a  curtailment  of  production  and  resultant 
unemployment. 

According  to  the  Federal  Census  of  1905,  twenty-one  per  cent, 
of  the  cost  of  producing  shirts  in  !New  York  State  is  spent  for 
labor.  Dr.  Woolston  tabulated  for  the  Commission  the  statistics 
of  wages  of  the  operatives  in  this  industry.  If  the  pay  of  all  the 
men  employed  in  New  York  State  in  shirt-making  at  less  than  $18 
a  week  were  raised  to  that  sum,  and  if  the  renumeration  of  all 
the  women  hired  for  less  than  $9  a  week  were  raised  to  that 
amount  it  would  mean  an  increase  of  about  fifty-seven  per  cent, 
in  the  wage  bill  and  of  approximately  twelve  per  cent,  in  the  total 
cost  of  production.  This  change  would  increase  the  compensa- 
tion of  82.4  per  cent,  of  the  women  and  of  82.5  per  cent,  of  the 
men.  It  is  then  evident  that  benefit  could  be  secured  to  a  very 
large  proportion  of  the  employees  in  this  industry  without  a 
tremendous  increase  in  the  cost  of  production. 

There  are  reasons  for  believing  that  the  cost  of  production 
might  not,  in  the  long  run,  be  raised  at  all.  Surely  an  increase  in 
pay  from  $5  per  week  to  $9  will  enable  a  girl  to  live  so  much 
better  that  she  will  be  far  more  efficient.  One  of  the  most  striking 
facts  about  sweated  labor  is  its  small  productivity.  Good  food, 
good  clothes,  good  living  conditions  will  build  up  efficiency  in 
employees  until  the  labor  cost  will  be  cut  down.  Surely,  then, 
this  calculated  increase  of  fifty-eight  per  cent,  in  the  wage  bill 


670  Appendix  III 

may  by  no  means  imply  a  similar  increase  in  labor  cost.  Again, 
when  the  minimum  wage  law  went  into  effect  in  Utah,  many  of 
the  managers  explained  the  situation  to  their  employees  and  the 
response  was  an  increased  exertion.  So  there  are  two  factors 
which  will  tend  to  lower  the  cost  of  a  legal  minimum  wage  —  first 
improved  health  and  second  harder  work. 

The  increase  of  prices  which  may  follow  higher  wages  does 
not  necessitate  a  lessening  of  demand  for  the  product  The  bet- 
ter paid  employees  will  be  consumers  of  greater  strengtu.  That 
is,  the  increase  in  their  consuming  power  will  be  much  greater 
proportionately  than  the  increases  in  costs  of  production. 

Carry  this  reasoning  a  step  farther.  If  increased  efficiency  of 
labor  is  a  consequence  of  minimum  wage  laws,  then  the  industry 
will  need  fewer  employees.  It  is  highly  probable,  however,  that 
the  persons  thus  displaced  may  find  work  in  other  industries  which 
will  be  stimulated  by  the  added  purchasing  power. 

There  is  a  final  reason  for  believing  apriori  that  the  minimum 
wage  will  not  injure  greatly  the  field  of  employment.  Labor 
seems  very  often  to  be  paid  less  than  it  is  worth.  In  different 
shops  essentially  similar  work  frequently  is  rewarded  very  un- 
equally. It  seems  safe  to  assume  that  the  low  wage  shops  are  in 
the  main  those  which  are  barely  maintaining  their  existence.  iSTow, 
if  a  minimum  wage  should  force  out  of  business  the  men  who  are 
paying  at  the  lowest  rates  —  their  trade  would  normally  go  to  the 
others,  to  those  who  are  paying  the  highest  wages.  So  the  high 
wage  shops  could  furnish  employment  to  some  of  the  persons 
originally  displaced. 

Thus  abstract  reasoning  based  on  premises  drawn  from  the 
actual  conditions  of  industry  reaches  the  conclusion  that  the  ten- 
dency of  a  minimum  wage  to  displace  labor  will  be  largely  if  not 
wholly  counteracted  by  (1)  the  increased  efficiency  of  the  workers 
due  to  improved  health,  (2)  the  increased  effort  of  the  laborers  due 
to  new  incitements  from  employers,  (3)  the  increased  purchasing 
power  of  those  not  displaced  calling  for  new  production,  (4)  the 
ability  of  the  successful  shops  to  absorb  the  business  and  the  labor 
of  the  unsuccessful. 

Do  these  apriori  conclusions  stand  the  test  of  empirical  criti- 
cism ?    It  is  readily  granted  that  most  economic  forces  cannot  be 


Minimum  Wage  iSYMPOsiuM  671 

measured,  yet  this  much  evidence  may  be  offered.  The  consensus 
of  the  best  opinion  seems  to  be  that  the  introduction  of  new  ma- 
chinery which  tends  at  first  to  displace  workmen,  eventually  bene- 
fits labor  as  a  whole.  It  is  not  a  farfetched  comparison  to  liken 
the  increase  of  efficiency  of  labor  by  means  of  providing  proper 
care  for  the  human  mechanism  (a  living  wage)  to  the  introduction 
of  machinery  that  increases  the  product  of  each  hand. 

Professor  M.  B.  Hammond  in  his  studies  in  Australasia  found 
evidence  that  no  employers  had  been  driven  out  of  business  by  the 
minimum  wage  laws,  and  that  few  workers  had  been  displaced. 
Four  years  of  experience  in  England  have  witnessed  no  great 
expulsion  of  labor  by  the  action  of  the  Trade  Boards.  The  fol- 
lowing letters  show  that  American  experience  as  far  as  it  goes 
gives  no  warrant  for  the  fears  that  business  will  be  seriously  in- 
jured and  that  idleness  will  be  increased  by  enforced  minimum 
wages. 

November  30,  1914. 

I  have  your  letter  of  November  28th  regarding  the  fixing  of  the 
minimum  wage  in  this  state.     *     *    *. 

You  ask  whether  this  or  other  labor  legislation  has  driven  busi- 
ness out  of  the  state.  We  are  in  possession  of  no  information  to 
indicate  that  this  is  the  case.  The  brush  rate  is  very  generally 
being  paid  and  we  know  of  no  instance  of  employers  being  driven 
out.    *    *    *. 

Yours  very  truly, 

(Signed)  AMY  HEWES, 
Secretary,  Minimum  Wage  Commission,  Massachiisetts. 

December  2,  1914. 

I  have  your  letter  of  November  28th  requesting  information 
concerning  the  effect  of  the  enforcement  of  the  minimum  wage  law 
in  this  state.  We  have  not  heard  that  employees  have  been  laid 
off  because  the  law  has  gone  into  effect  with  the  exception  of  a 
very  few  instances.  One  exception  was  in  the  case  of  a  depart- 
ment store  which  laid  off  the  employees  in  the  wrapping,  transfer 
and  stock  taking  departments,  because  the  girls  had  been  there  a 
year,  therefore  had  completed  their  apprenticeship  under  ruling 


672  Ap]?endix  III 

in  force  and  were  entitled  to  a  raise  from  $6  to  $9.25  a  week.  As 
these  occupations  are  all  unskilled,  the  firm  dismissed  the  former 
employees  and  took  on  new  ones.  This  is  an  abuse  which  the 
Commission  had  rather  expected.  Since  our  fears  have  been  real- 
ized, we  have  called  Conferences  for  the  purpose  of  making  recom- 
mendations which  will  shorten  the  term  of  apprenticeship  or  es- 
tablish a  step-up  wage  during  the  year,  thus  minimizing  the  danger 
of  dismissal.  In  some  departments  the  apprenticeship  period  may 
be  done  away  with  almost  entirely. 

We  have  not  heard  of  a  single  firm  which  had  to  go  out  of  busi- 
fiess  because  of  the  operation  of  the  law.  Last  evening  I  heard 
the  secretary  of  the  Oregon  Manufacturers'  Association  say,  that 
he  knew  of  no  one  who  had  gone  out  of  business  and  was  convinced 

that  the  law  had  not  done  the  harm  that  it  had  been  expected  to  do. 

^;-      *      * 

Very  truly  yours, 
(Signed)  CAKOLINE  J.  GLEASON, 
Secretary,  Industrial  Welfare  Commission  of  Oregon. 

December  1,  1914. 

*  *  *.  1  am  in  a  position  to  state  that  this  law  has  not 
resulted  in  driving  any  employer  to  the  wall  or  compelled  him  to 
leave  the  state.  I  can  also  positively  state  that  I  do  not  know  of  a 
single  employee  who  is  suffering  the  loss  of  employment  because 
of  this  law. 

Sincerely  yours, 

(Signed)  H.  T.  HAINES, 
Commissioner,  State  Bureau  of  Immigration,  Labor  and 
Statistics,  Utah. 

This  matter  of  displacement  of  labor  is  really  the  crux  of  the 
question  of  the  desirability  of  the  minimum  wage.  Eeasoning  and 
experience  seem  to  coincide  in  encouraging  the  belief  that  the 
living  wage  can  be  legally  enforced  in  sweated  industries  without 
any  great  ill  effects.  The  probable  good  consequences  have  been 
pointed  out  by  other  contributors  to  this  symposium. 

This  reasoning,  it  may  be  said,  seems  to  be  valid  except  for  the 
fact  that  any  commonwealth  wherein  such  legislation  is  enforced 
will  have  to  face  the  competition  of  states  less  advanced.    To  this 


Minimum  Wage  SymposICM  673 

objection  three  answers  may  be  made.  First,  increased  efficiency 
of  employees  will  make  it  unnecessary  for  many  firms  to  migrate. 
Second,  suppose  the  sweated  industries  were  driven  out  of  l^ew 
York,  would  not  the  state  be  better  oif  ?  There  would  be  a  severe 
spasm  of  maladjustment,  then  migration  and  changed  currents  of 
alien  immigration  would  eventually  relieve  the  situation.  Finally, 
the  examples  of  industries  driven  out  of  states  by  labor  legislation 
are  few  and  far  between.  Some  industries,  as  the  department 
stores  and  paper  box  works,  could  not  be  driven  out  of  the  state 
because  they  must  be  close  to  the  consumers.  The  complication  of 
interstate  competition  is,  then,  not  serious. 


Statement  of  F.  W.  Taussig 

I  will  endeavor  to  say  something  briefly  on  the  minimum 
wages  question.  I  must  do  so  with  brevity ;  to  state  my  opinions 
with  fullnesss,  and  with  all  needed  qualifications,  would  call  for  a 
long  memorandmn. 

I  gather  the  main  facts  to  be  in  outline  as  follows: 

1.  The  number  of  women  employed  in  factories  and  workshops 
tends  to  increase. 

2.  A  large  majority  of  them  are  young  women.  They  form  a 
temporary  and  shifting  class.     Most  of  them  marry. 

3.  Hence  they  are  inexperienced,  unskilled,  have  no  great  am- 
bition to  learn  a  trade  or  specialty,  or  to  rise  in  the  industrial 
scale. 

4.  A  great  majority  of  them  live  at  home.  Their  wages,  altho 
they  by  no  means  constitute  "  pin  money  ",  are  a  part  of  the 
earnings  of  the  family. 

5.  A  very  large  proportion,  probably  much  more  than  a  ma- 
jority, receive  wages  (say,  such  sum  as  $6  a  week)  which  are 
less  than  the  minimum  cost  of  decent  living  for  a  woman  who  has 
to  take  entire  care  of  herself  (she  will  need  perhaps  $8  a  week). 

6.  This  is  not  "  parasitic  "  industry.  It  is  often  said  that  these 
women  are  partly  supported  by  their  families,  and  that  the  in- 
dustries are  therefore  "parasitic."  This  seems  to  me  a  funda- 
mental and  wide-spread  mistake.     The  families  are  not  worse  off 

Vol.  1  —  22 


674  Appendix  III 

because  the  young  women  earn  $6  a  week ;  they  are  better  off.  If 
a  young  woman  thus  working  were  to  die,  the  family  would  not 
be  better  off  (materially)  because  of  her  loss.  She  does  not  cost 
the  family  more  than  she  brings  in. 

7.  The  probabilities  are  —  there  is  no  certainty  in  matters  of 
this  sort, —  that  the  ordinary  wages  of  about  $6  a  week  represent 
what  girls  of  this  sort  are  worth  in  industry.  If  a  minimum  rate 
of  $8  a  week  were  established  for  them,  a  considerable  proportion 
would  probably  no  longer  find  employment.  This  effect  might  be 
intensified  by  the  circumstance  that  at  the  higher  rate  of  wages 
more  competitors  would  be  attracted  —  young  women  who  do  not 
now  enlist  because  the  current  rate  is  low. 

8.  It  is  better  for  the  young  woman  to  work  than  to  idle. 
Under  our  present  educational  system,  and  indeed  under  any 
educational  system  that  seems  now  feasible,  there  is  an  interval 
between  the  close  of  the  school  period  and  marriage,  during  which 
it  is  physically  and  morally  healthier  for  the  women  to  be  at 
work  than  to  be  engaged  sporadically  and  half-heartedly  in  house- 
work. Ordinarily,  the  house  work  can  be  done  without  the  aid 
of  those  who  now  go  into  the  factories. 

9.  There  is  a  sad  hardship  for  the  minority  who  are  absolutely 
dependent  upon  themselves,  and  who  can  get  no  more  than  the 
rate  of  wages  determined  by  the  competition  of  the  much  larger 
number  who  are  living  at  home.  I  am  unable  to  see  how  a  system 
of  minimum  wages  would  help  this  minority,  since  there  is  nothing 
to  cause  them  to  be  selected  for  employment  in  preference  to  the 
others.  Their  case  is  one  which  in  peculiar  degree  calls  for  the 
exercise  of  discriminating  charity,  in  the  way  of  lodging  houses 
and  aid  in  learning  a  better  paid  specialty  or  trade. 

10.  The  conditions  under  which  all  the  women,  both  those  in  the 
minority  and  those  in  the  family-living  majority,  carry  on  their 
work,  call  for  searching  examination  and  supervision.  Hours 
should  be  limited ;  an  eight-hour  law  for  all  women  of  all  ages  has 
much  to  say  for  itself.  Sanitation,  ventilation,  regulation  of 
dangerous  trades,  prevention  of  occupational  diseases,  supervision 
by  a  good  corps  of  women  inspectors  —  these  things  are  called  for. 
I  regard  them  as  more  likely  to  be  in  the  long  run  of  aid  than 
a  system  of  minimum  wages. 


■^"'  Minimum  Wage  Symposium  675 

Statement  of  Feank  D.  Watson 

The  theory  of  the  minimum  wage  I  believe  to  be  economically 
sound.  It  can  hardly  be  gainsaid  to-day  that  in  some  lines  of 
industry  the  competition  for  employment  is  so  intense  as  to  force 
wages  below  the  living  level  and  that  the  conditions  which  con- 
trol the  number  of  competitors  is  often  "  so  inflexible  that  they 
continue  at  starvation  rates  year  after  year  with  no  tendency 
toward  improvement."  Such  being  the  case,  the  necessity  for 
abandoning  a  laissez-faire  attitude  toward  the  wage  question  in 
certain  of  its  aspects  seems  imperative. 

The  factors  that  enter  into  the  determination  of  wages  are 
many.  Of  these  the  one  that  seems  most  important  to  the  writer 
is  the  number  of  workers  available.  Where  the  number  of  jobs 
exceeds  the  number  of  workers,  wages  are  relatively  high. 
Where  the  opposite  obtains,  wages  are  relatively  low.  It  there- 
fore logically  follows  that  to  raise  wages  permanently  of  any  one 
group  from  below  a  living  level  to  that  level  or  above  it,  involves 
a  change  in  the  ratio  of  workers  to  jobs.  This  may  be  accom- 
plished in  time  by  a  program  of  industrial  education,  vocational 
guidance,  a  better  geographical  distribution  of  population  through 
the  opening  up  of  new  industrial  opportunities,  and  possibly  by 
a  restriction  of  immigration  that  would  especially  aifect  laborers 
of  low  efficiency. 

The  present  situation  of  low  wages  in  certain  iadustries  de- 
mands in  addition  to  the  above  measures  some  more  immediate 
steps  which  will  be  not  only  supplementary  to  a  program  of  in- 
dustrial education,  vocational  guidance,  etc.,  mentioned  above, 
but  will  actually  hasten  such  a  program.  It  is  the  opinion  of  the 
writer  that  such  may  be  one  of  the  effects  of  minimum  wage  legis- 
lation. It  is  not  a  choice  of  "  either  or "  but  a  case  of  "  and- 
and."  Minimum  wage  legislation  and  industrial  education  must 
and  will  go  hand  in  hand. 

The  effect  of  the  establishment  of  a  minimum  standard-of -liv- 
ing wage  would  result  in  an  increase  in  wages  for  some  employees 
and  loss  of  employment  by  others.  The  increase  of  wages  for 
some  might  be  the  result  of  the  destruction  of  mere  inertia  which 
through  custom  had  held  wages  dovni.  Often  an  employer  would 
be  willing  to  grant  an  increase  if  he  was  assured  that  his  com- 


676  Appexdix  III  ~^^ 

petitors  would.  In  such  a  case  the  principle  of  the  minimum 
wage  prevents  the  penalizing  of  the  employer  who  would  gladly 
pay  a  living  wage.  In  reference  to  the  second  possible  effect, 
viz.,  the  loss  of  employment  for  some  workers,  it  is  not  the  belief 
of  the  writer  that  the  displacement  of  labor  would  be  very  great 
with  the  passage  of  a  minimum  wage  law,  if  the  minimum  were 
fixed  at  a  point  not  higher  than  is  necessary  to  secure  "  the 
necessary  comforts  of  life."  This  seems  to  have  been  the  experi- 
ence of  other  countries.  In  some  lines  prices  would  probably  be 
raised  somewhat  at  first,  but  the  community  would  be  compen- 
sated by  the  increased  health  and  efficiency  of  the  workers  who 
would  be  less  likely  to  become  public  charges.  Moreover  an  in- 
dustry that  can  not  afford  to  run  without  paying  living  wages  is 
pauperizing  the  consumer  and  should  receive  no  consideration  in 
any  statesmanlike  handling  of  the  problem.  A  certain  amount 
of  displacement  of  labor  would  doubtless  occur.  However  as  it 
would  separate  out  the  unemployables  and  the  unemployed,  it 
would  be  socially  advantageous  as  it  would  define  more  accurately 
on  the  one  hand  the  limits  of  the  unfortunate  class  who  should 
be  cared  for  as  wards  of  the  State  and  on  the  other  hand  it  would 
afford  an  object  lesson  to  the  public  of  the  need  of  industrial 
education  and  training  for  efficiency  such  as  might  hasten  the 
movement  for  industrial  education. 

As  to  the  extent  to  which  minimum  wage  legislation  should  be 
made  to  apply,  my  answer  would  be,  just  as  far  as  an  investiga- 
tion of  wages  of  men  and  women  indicates  that  less  than  a  living 
wage  is  being  paid.  For  obvious  reasons  it  would  be  well  to  be- 
gin with  those  industries  which  are  generally  known  to  pay  less 
than  a  living  wage.  In  thus  applying  the  principle  of  the  mini- 
mum wage  to  all  workers,  men  and  women  alike,  I  agree  with 
Professor  Holcombe  (see  The  American  Economic  Review,  Vol. 
II,  No.  1,  p.  27)  that  a  statute  regulating  the  wages  of  men  in 
private  employment,  while  undoubtedly  placing  a  restriction 
upon  the  freedom  of  contract,  does  not  alone  render  such  a 
statute  unconstitutional.  The  police  power  of  the  State,  I  be- 
lieve, is  sufficient  to  protect  the  public  health  and  welfare  against 
the  evil  results  of  underpayment.     I  fully  appreciate  the  fact, 


r  ■  Minimum  Wage  Symposium  6T7 

however,  that  with  the  present  state  of  public  opinion  it  would 
doubtless  be  easier  to  secure  the  passage  of  minimum  wage  legis- 
lation affecting  women  and  minors  only. 

In  reference  to  the  details  of  the  machinery  of  administration, 
the  writer  does  not  feel  qualified  to  speak.  He  does,  however, 
believe  that  the  Oregon  law  is  an  improvement  on  the  Massa- 
chusetts law  in  so  far  as  it  is  enforceable  by  other  means  than 
public  opinion.  He  moreover  feels  that  the  Oregon  law  along 
with  the  Massachusetts  statute  would  be  strengthened  if  the  wage 
earners  of  any  industry  in  question  were  allowed  to  elect  their 
own  representatives  to  the  wage  conferences  or  boards,  provided 
for  in  the  respective  laws  of  each  State  and  which  as  now  consti- 
tuted are  appointed  by  the  respective  State  minimum  wage  com- 
missions. If  the  election  by  the  workers  of  their  own  representa- 
tives is  not  feasible  in  view  of  the  existing  state  of  public  opinion, 
it  would  seem  to  the  writer  that  a  method  better  than  that  ob- 
taining in  the  laws  of  the  above-named  Sates  would  be  to  allow 
the  workers  the  opportunity  of  submitting  a  list  of  names  from 
among  which  the  State  Commission  would  be  required  to  select 
the  representatives  of  the  workers  on  the  board.  Likewise  the 
manufacturers  in  the  particular  trade  involved  should  be  granted 
the  similar  privilege  of  submitting  a  list  of  names  of  persons  to 
represent  their  interests  from  which  list  the  Commission  should 
choose  their  representation  on  the  wage  board.  These  two 
groups  of  board  members  along  with  the  Commission  should  then 
choose  the  representatives  of  the  public  on  the  board.  One  mem- 
ber of  the  Commission  should  be  ex  officio  a  member  of  the  board 
(or  conference). 

The  writer  further  believes  that  in  working  out  the  details  of 
any  plan  of  administration,  provision  must  be  made  for  the  cus- 
tomary issuance  of  licenses  for  those  persons  who  because  of 
special  handicaps  cannot  reach  the  standard  of  efficiency  set  by 
the  legal  minimum.  However  the  number  of  such  licenses  should 
be  strictly  limited.  Provision  should  also  be  made  for  a  rate  of 
pay  for  apprentices  which  would  be  less  than  the  legal  minimum. 
In  this  case  the  law  should  limit  the  length  of  time  that  any 
apprenticeship  may  last. 


678  Appendix  III 

Statement  by  A.  F.  Webeb 

^verj  modern  industrial  State,  whether  under  a  democratic  or 
an  autocratic  form  of  government,  has  found  it  necessary  to 
establish  standards  of  sanitation  and  work-hours,  and  in  other 
ways  to  interfere  in  the  contractual  relations  between  employer 
and  employee.  These  elaborate  codes  of  labor  laws  have  been 
enacted  to  protect  the  health  and  economic  well-being  of  wage 
workers,  who  constitute  a  large  proportion  of  the  citizenship  of 
industrial  States.  The  wisdom  of  this  policy  of  labor  protection 
is  no  longer  seriously  questioned. 

Should  this  policy  be  extended  to  include  the  authoritative  es- 
tablisihment  of  minimum  wage  rates  ?  The  question  demands 
answer  from  constitutional  and  administrative  law  as  well  as 
economic  theory,  for  we  must  consider  what  can  be  done  as  well 
as  what  ought  to  be  done. 

In  the  first  place,  we  shall  be  reminded  that  while  wage  workers 
cannot  be  presumed  to  possess  such  knowledge  of  hygiene  as  would 
enable  them  to  determine  whether  they  were  justified  in  going 
to  work  under  the  conditions  existing  in  the  workplaces  where 
they  were  employed,  and  should  therefore  be  protected  by  expert 
inspection  of  factories,  they  do  nevertheless  know  very  well  what 
the  particular  wage-rate  offered  them  signifies  in  every  case  and 
are  fully  capable  of  arriving  at  a  decision  to  accept  or  decline  the 
offer.  But  the  case  may  not  so  easily  be  disposed  of.  Does  the  sailor 
know  the  precise  coefficient  of  risk  of  life  and  limb  that  causes  in- 
surance companies  to  fix  a  high  rate  for  his  occupation  ?  If  so,  it 
does  not  appear  to  have  influenced  many  of  the  men  who  go  down 
to  the  sea  in  ships,  for  their  calling  is  notoriously  underpaid.  The 
situation  is  even  worse  in  the  "  sweated  trades  "  of  a  metropolis 
like  London  or  'New  York,  where  the  compensation  paid  is  not  even 
a  living  wage.  The  fact  is  that  the  premises  on  which  the  econo- 
mist bases  his  theory  of  wages  (that  free  competition  tends  to 
give  to  each  laborer  the  equivalent  of  what  he  produces)  are 
seldom  realized.  Combination  in  place  of  competition,  ignorance 
instead  of  knowledge,  absence  of  a  reserve  supply  of  food,  and 
many  other  circumstances  contrary  to  the  assumed  premises  or 
hypotheses  of  the  economist,  render  untenable  the  position  that 


Minimum  Wage  Symposium  679 

wages  are  invariably  or  even  generally  fixed  by  natural  economic 
laws,  whicb  may  not  be  modified  by  any  "  artificial  "  standards  of 
the  legislator  and  administrator.  This  conclusion  was  reached  at 
least  twenty  years  ago  by  competent  investigators.  There  is  little 
to  be  added  to-day  to  the  admirable  treatment  of  the  Standard 
Wage  by  Sidney  and  Beatrice  Webb  in  their  great  work  on 
"  Industrial  Democracy."* 

If  the  interference  of  the  State  is  necessary  to  secure  a  living 
wage  for  large  masses  of  women  and  children,  it  is  safe  to  say  that 
constitutional  difficulties  will  be  overcome.  If  necessary  the 
constitution  of  the  State  will  be  amended,  and  in  the  meantime 
New  York  can  follow  the  example  of  Massachusetts  and  provide 
for  wage  boards  with  no  power  of  enforcing  decisions  except  pub- 
licity. 

The  most  serious  objection  to  minimum  wage  legislation  is  that 
of  practical  administration.  It  takes  comparatively  few  inspectors 
to  find  out  whether  the  statutory  requirements  as  to  safety  and 
sanitation  in  factories  are  complied  with  or  not;  but  it  would 
require  an  army  of  inspectors  to  make  sure  that  a  wage  established 
by  an  outside  authority  was  actually  received  by  the  wage  earners. 
But  here,  as  in  other  difficulties  in  this  field,  we  can  learn  from 
others  how  to  proceed.  Minimum  wage  boards  were  established  in 
Australia  more  than  20  years  ago  and  have  long  since  passed  the 
experimental  stage.  A  study  of  their  workings  would  enable 
American  boards  to  avoid  many  mistakes.  But  we  also  have  some 
experience  of  our  own  that  should  prove  helpful,  the  data  accumu- 
lated under  the  protocol  of  the  'New  York  City  clothing  trades,  for 
example,  should  be  exceedingly  valuable. 

Minimum  wage  legislation  in  New  York  should  without  doubt 
be  restricted  at  the  outset  to  women  and  minors  just  as  it  hps 
been  so  restricted  in  the  nine  other  commonwealths  of  the  Uniied 
States  that  have  already  entered  upon  the  policy  of  minimum  wage 
legislation.  Wages  paid  to  women  and  minors  are  almost  univer- 
sally lower  than  those  paid  to  men,  and  in  many  instances  women 
and  children  are  excessively  underpaid.    While  a  grown  man  must 

*  Especially  chapters  II  and  V  of  Part  II  and  chapters  II  and  III  of  Part 
III.  See  also  S.  Webb's  article  on  the  Economic  Theory  of  a  Legal  Minimutu 
Wage,  in  the  Journal  of  Political  Economy,  1912. 


680  Appendix  III 

be  at  least  self-supporting,  even  if  unmarried,  there  are  multi- 
tudes of  women  and  children  who  do  not  have  to  live  on  the  wages 
they  themselves  earn.  Deriving  at  least  a  portion  of  their  support 
from  the  male  wage-earners  of  the  family,  they  are  free  to  work 
for  wages  that  are  utterly  inadequate  for  the  self-supporting  widow 
or  single  woman  and  in  accepting  work  thus  underpaid  they  create 
the  problem  that  requires  the  earliest  action  on  the  part  of  the 
State.  The  employments  in  which  this  situation  is  most  fre- 
quently found  have  presumably  been  discovered  by  the  investi- 
gation of  the  Commission,  which  has  more  ample  knowledge  than 
the  average  citizen  possesses  concerning  actual  conditions. 


Minimum  Wage  Symposium  6^1 


n— SOCIAL  WORKERS. 

Statement  of  Felix  Abler 

The  principle  of  the  minimum  wage  commends  itself  as  an 
expression  of  the  social  conscience.  It  is  one  method,  already 
tested  experimentally  here  and  there,  though  as  yet  inadequately, 
to  secure  the  recognition  of  the  human  factor  in  the  production 
of  wealth.  It  involves  the  conviction  that  at  the  very  least  a 
standard  of  living  indispensal:  le  to  decent  subsistence  shall  be 
assured  to  every  worker,  and  that  a  trade  which  can  prosper  only 
on  the  condition  that  those  who  labor  in  it  shall  be  starved  or 
degraded  has  no  right  to  exist.  It  involves  furthermore  the 
deliberate  judgment  that  the  community  as  a  whole  acting 
through  the  organs  of  the  iState  is  under  obligation  to  see  that 
a  minimum  standard  of  this  kind  be  established  and  maintained. 
We  have  come  to  see  that  there  is  such  a  thing  as  a  collective 
responsibility  for  the  health,  the  safety,  the  gradual  elevation  of 
the  masses  of  the  laboring  people. 

The  following  points  also  have  struck  me  as  important: 

1.  A  reduction  of  wages  in  times  of  depression  may  become 
necessary.  A  standard  rate  below  which  wages  shall  not  fall 
ought  to  prevent  the  reduction  from  becoming  a  collapse. 

2.  I  believe  that  a  standard  rate  will  promote  rather  than  dis- 
courage trade  organization.  It  will  be  a  jumping-off  place  from 
which  to  achieve  an  advance  of  wages  when  industrial  conditions 
permit.  It  will  secure  to  the  workers  the  means,  the  self-respect, 
the  incentive  to  still  further  improve  their  condition. 

3.  In  the  administration  of  the  minimum  wage  there  should, 
of  course,  be  no  attempt  to  establish  a  horizontal  rate  for  all 
industries;  due  regard  should  be  paid  to  the  conditions  prevail- 
ing in  each ;  and  the  rate  should  be  sufficiently  flexible  to  tolerate 
carefully  guarded  exceptions  where  the  dictates  of  humanity  re- 
quire them,  as  for  instance,  in  the  case  of  cripples. 


Statement  of  Frederic  Almy 
What  I  have  to  say  in  regard  to  minimum  wage  legislation  is 
academic,  and  does  not  particularly  concern  women  and  minors. 


682  Appendix  III 

In  saying  it  I  shall  use  some  sentences  which  I  have  used  else- 
where. 

Fortunately  the  price  of  men  is  going  up  in  America.  This  i& 
partly  through  organization  and  a  higher  standard  of  living,  but 
legislation  can  assist.  It  is  no  more  against  freedom  of  contract 
to  forbid  a  man  to  sell  his  labor  for  less  than  a  living  wage,  than 
to  forbid  him  to  sell  money  at  usury.  Cheap  men  make  cheap 
citizens,  and  it  is  just  as  much  against  public  policy  to  buy  men 
too  cheap  as  to  sell  money  too  dear,  no  matter  how  much  both  par- 
ties may  desire  it.  Pope  Leo  XIII  declared  for  a  living  wage 
in  1891  in  his  encyclical  "  Rerum  !Novarum  ",  and  so  did  the 
Federal  Council  of  the  Protestant  Churches  of  Christ  in  America 
in  1910.  Higher  wages  do  not  make  higher  living,  but  they  make 
higher  living  possible,  and  poor  living  is  very  costly  to  the  state, 
especially  with  universal  suffrage. 

The  individual  employer  is  powerless  without  a  state  law  which 
controls  his  competitiors.  The  unwilling  employers  who  now 
compel  their  more  generous  rivals  to  meet  their  wages  and  hours 
may  be  in  turn  compelled  by  law,  so  that  the  bad  men  will  be 
compelled  by  the  good  instead  of  the  good  men  by  the  bad  as  at 
present. 

On  the  other  hand  it  is  true  that  the  $1.50  a  day  laborer  is 
often  not  worth  even  the  $1.50  that  he  is  paid.  Minimum  wage 
laws  will  compel  manual  education,  as  universal  suffrage  has  com- 
pelled mental  education.  As  John  Mitchell  has  pointed  out, 
with  a  minimum  wage  law  the  contest  between  men  will  be  one  of 
efficiency  and  not  of  cheapness.  To  get  steady  employment  in 
stead  of  odd  jobs,  men  must  see  who  can  do  the  best  work,  not  who 
will  take  the  least  pay.  If  the  shirkers  and  the  incapables  get  no 
work,  and  are  dealt  with  by  correction  or  charity,  the  stigma  will 
be  obvious  and  more  wholesome  than  the  present  system. 

The  pioneer  states  may  suffer,  but  men  have  always  been  willing 
to  suffer  in  good  causes.  Moreover,  the  pioneer  states  and  cities 
which  have  passed  child  labor  laws  and  housing  laws  which  raise 
the  cost  of  labor  have  not  gone  down  industrially  before  their 
rivals.  !N^o  state  can  prosper  where  a  wage  is  general  on  which 
steady,  hard  labor  by  willing  but  unskilled  men  and  women  does 
not  afford  the  decencies  of  life.     The  poverty  which  is  often  due 


Minimum  Wage  Symposium  683 

only  to  low  wages  brings  in  its  wake  disease,  immorality  and 
ignorance,  all  of  which  are  contagious,  and  expensive  to  society. 

A  larger  wage  will  make  a  larger  market,  for  men's  wants  in- 
crease rapidly  with  larger  means  for  gratifying  them. 

When  raw  cotton  or  raw  ore  are  permanently  dearer,  the  in- 
dustries adjust  themselves  in  time  and  the  factories  continue  to 
make  money.  It  will  be  the  same  when  men  are  dearer.  Prices 
might  go  up,  but  the  higher  price  of  goods  would  include  luxuries 
like  yachts  and  velvets  which  the  laborer  does  not  use,  and  his  net 
gain  would  be  considerable.  If  this  were  not  so,  he  would  not 
be  injured  by  lower  wages,  for  the  cost  of  living  would  be  reduced. 

The  experience  of  New  Zealand  and  Victoria  for  twenty  years, 
and  of  other  countries  later,  is  encouraging.  The  recent  example 
of  England  and  Massachusetts  is  also  encouraging.  All  good  gen- 
eral laws  have  their  special  hardship,  and  no  law  is  a  panacea,  but 
a  good  minimum  wage  law  will  help  to  make  a  better  breed  of  men. 

(This  is  a  personal  opinion,  and  does  not  in  any  way  represent 
the  Charity  Organization  Society  of  Buffalo. ) 


Statement  of  Inez  Milholland  Boissevain 

The  establishment  of  a  minimum  wage  seems  so  obvious  and 
necessary  a  measure  of  reform,  that  it  is  difficult  to  conceive  of 
the  character  of  its  opposition. 

Apparently,  the  opposition  finds  support  in  the  following  argu- 
ments.    The  minimum  wage  is  undesirable,  they  claim. 

I.  Because  the  Mmimum  Tends  to  Become  the  Maximum 
The  difficulty  here,  lies  in  regarding  the  minimum  as  a  wage; 
whereas  in  realty  it  is  an  amount  or  standard,  below  which  no 
wage  should  be  allowed  to  fall. 

The  opposition  believes  in  State  determination  of  hours  and 
sanitary  conditions,  and  these  are  exactly  comparable  to  State 
determination  of  the  lowest  possible  wage ;  for  the  laws  establish- 
ing maximum  hours  in  a  given  industry  or  the  maximum  number 
of  workers  in  a  work-room  or  the  minimum  amount  of  windows 
or  of  cubic  air  space,  set  the  standard  below  which  no  manufao- 


6S4  Appendix  III 

turer  is  allowed  to  operate.  Nor  is  it  claimed,  for  these  regula- 
tions, that  they  are  the  last  word  in  the  matter  of  improvement; 
they  are  being  improved  upon  all  the  time;  high  standards  beget 
higher  standards;  low  standards  perpetuate  meagre  demands  and 
degradation  of  thought  and  conduct. 

Speaking  of  the  wage  board  in  the  tailoring  trades  in  England, 
Mrs.  Glendower  Evans  says :  "  There  was  no  tendency  to  make 
the  minimum  rate  a  maximum.  On  the  contrary,  the  higher  paid 
were  systematically  advanced  to  keep  a  due  relation  to  the  less 
capable." 

II.  That  it  Does  Aivay  With  the  Driving  Power  of  Trade  Unions 

The  more  barren  the  living  conditions  the  more  de-vitalized  is 
the  individual,  and  hence  the  greater  is  the  amount  of  energy 
required  to  evolve  or  conceive  of  a  standard  very  different  from 
that  which  is  current  in  the  life  around  them;  and  this  very 
energy  to  conceive  is  lacking  because  of  de-vitalization. 

Every  under-paid,  and  hence  under-nourished,  individual  adds 
to  the  dead  weight  of  inertia  which  the  enlightened  group  must 
struggle  to  drag  forward,  in  any  attempt,  whether  by  law  or 
union,  to  introduce  ideas  of  mutual  aid,  or  a  higher  standard  of 
living. 

The  underpaid  respond  to  more  money,  fewer  hours,  etc.,  of 
course,  but  their  brains  are  too  dull,  their  bodies  too  anaemic  to 
respond  to,  or  sustain  the  methods  necessary  to  obtain  either. 

Sustained  eifort  and  response  comes  from  the  well-fed  group. 

Hence  it  is,  that  only  the  well  paid  are  progressive  in  their 
demands ;  and  such  progressiveness  is  what  is  needed  to  increase  a 
union  minimum ;  it  will  do  the  same  for  a  legal  minimum. 

I  know  a  department  store  girl,  who,  when  she  was  getting  $7 
a  week,  was  apathetic,  disinterested,  unapproachable,  if  not  hostile 
to  the  union  organizer;  later,  when  promoted  to  $12  a  week,  she 
became  an  enthusiastic  supporter  of  the  union,  eager,  educated, 
unafraid. 

During  the  winter  of  1913-14, 1  invited  to  my  home  one  evening 
a  week,  the  girls  of  the  New  York  department  stores.  They  were 
invited  to  come  direct  from  work,  so  that  they  knew  that  nothing 
in   the  way   of  dress  or  formality  was  expected.     They  were 


Minimum  Wage  Symposium  685 

invited  to  dance,  to  hear  music,  to  discuss  current  ideas,  to  read, 
to  consider  their  own  problems,  incidentally  to  learn  about  the 
Union.  On  the  whole,  only  those  girls  responded  who  were  receiv- 
ing more  than  the  average  wage  ($7).  Intelligent  girls  came, 
well  dressed  girls,  girls  who  were  participating  in  outside  activities 
and  organization;  in  other  words,  girls  who  were  able  to  relax, 
who  were  not  under  the  terrible  day-to-day  strain  of  privation  and 
under-nourishment.  From  these  girls,  we  heard  of  the  others, 
but,  exhausted  and  bitter  and  driven,  it  was  hopeless  to  get  them 
to  join  us. 

The  others,  those  who  came,  proved  a  fertile  field  in  which  to 
work;  they  developed  class  consciousness,  purpose,  courage  and 
the  co-operative  spirit. 

These  meetings  brought,  in  numerous  members  to  the  Retail 
Clerks  Union,  and  incidentally  a  group  of  vigorous  thinkers  who 
easily  understood  the  bearing  of  a  public  question  on  their  particu- 
lar need.  One  night,  one  of  the  members  brought  in  a  news- 
paper clipping,  reporting  the  establishment  of  a  minimum  wage 
for  women  in  Oregon ;  this  clipping  which  she  declared  a  highly 
significant  sign  of  the  times  was  the  basis  for  a  discussion  of  the 
whole  minimum  wage  problem  in  which  it  seemed  to  me  every 
conclusion  on  the  subject  by  investigators  all  over  the  world  was 
introduced.  It  ended  in  a  general  agreement  that  Lt.-Gov. 
O'Hara's  minimum  $12  per  week  was  the  only  one  for  a  living 
wage.  "Anything  else,"  said  one  of  the  girls,  "  is  an  existing  but 
not  a  living  wage." 

In  any  case  of  protest  on  the  part  of  the  girls  where  their  rights 
were  impinged  upon  (for  instance,  as  where  they  were  allowed 
to  go  at  5.30  by  law,  but  were  detained  until  6  —  or  where  they 
should  have  had  time  off  for  overtime  the  night  before),  I  found 
it  was  the  spirited  girl,  the  girl  who  was  comfortable  who  dared 
to  protest. 

These  girls  made  up  for  me  their  weekly  and  yearly  budgets, 
but  as  these  reports  have  already  been  forwarded  to  the  Women's 
Trade  Union  League,  for  the  benefit  of  the  Factory  Investigating 
Committee,  I  shall  not  re-submit  them. 

In  conclusion,  let  me  say  that  we  never,  at  any  time  throughout 
the  winter,  were  able  to  approach  those  girls  who  most  needed 


686  Appeisdix  III 

some  color  in  their  lives,  the  $4,  $5,  $6  a  week  girls.    They  were 
too  timid,  too  weary,  too  lethargic. 

In  the  garment  strike  of  1909-10,  I  remember  without  excep- 
tion that  all  the  girls  with  whom  I  worked,  or  whom  I  encountered, 
who  were  active  in  the  endeavor  to  improve  conditions  in  the 
trade  for  the  less  fortunate,  were  girls  who  were  getting  a  more 
than  living  wage. 

I  remember  one  girl,  a  Russian,  who  told  me  she  was  getting 
$15  a  week.  She  had  been  the  first  in  her  factory  to  strike  for 
better  pay,  although  she  herself  expected  no  increase  thereby  and 
had  led  down  40  or  50  others.  But  her  good  efforts  were  rendered 
useless  by  the  fact  that  the  factory  was  able  to  go  on  working  with 
the  remaining  staff  who  stayed  at  work.  The  leader  of  the  ''  scabs  " 
was  an  American  girl  whom  I  undertook  to  persuade  to  strike. 
She  refused,  and  when  she  told  me  she  was  getting  $10  a  week 
on  which  to  support  a  sick  mother  and  brother  and  sister,  I  had 
not  the  heart  to  persuade  her  further.  I  told  the  Russian  of  my 
failure  and  she  shrugged  her  shoulders :  "  It  means  the  same  for 
me  as  for  her,"  she  said,  "  but  my  mother  who  is  blind,  told  me 
when  we  struck,  '  Keep  up  the  fight,  even  if  we  starve  and  are  dis- 
possessed —  strike  for  the  poor  ones  who  can't  hold  out  for  them- 
selves,'   I  am." 

Greater  comfort  in  this  case  went  hand  in  hand  with  a  higher 
ethical  sense  —  one's  obligation  to  more  than  one's  immediate 
family  —  to  the  whole  group. 

The  driving  force  of  trade  unionism  would  be  added  unto,  not 
decreased,  by  the  creation  of  this  sort  of  material. 

Mrs  Florence  Kelley  says  that  "a  great  incentive  to  organi- 
zation alike  in  Cradley  Heath  and  other  areas  is  a  further  result 
of  the  coming  of  the  trade  board." 

Mrs.  Elizabeth  Glendower  Evans  says :  "  Moreover,  as  has  been 
found  in  each  of  these  other  countries,  a  minimum  ivage  law  to 
become  a  working  power  needs  reinforcement  hy  trade  unions. 
In  the  United  States,  where  minimum  wage  laws  have  so 
far  been  applied  only  to  women  workers,  trade  union  alliances 
are  less  likely  to  develop  than  where  the  law  applies  to  women 
and    men    alike.      Women,    however,    are    learning   the    art    of 


Minimum  Wage  Symposium  681 

organization  and  already  in  one  State,  the  activities  of  the 
Minimum  Wage  Commission  have  aroused  an  incipient  trade 
union  movement,  thus  demonstrating  that  even  under  American 
conditions  minimum  wage  boards  are  an  entering  wedge  for  trade 
unions." 

And  again,  "Among  other  benefits  it  tends  to  promote  association 
among  the  workers." 

Speaking  of  the  chain-makers  of  Cradley  Heath,  she  says :  "  It 
was  the  intervention  of  the  Government  that  aroused  these  op- 
pressed people  to  strike;  hut  without  the  union,  they  would  have 
been  starved  into  submission,  and  the  trade  board  forced  either 
to  lower  the  rates  it  had  fixed  or  to  see  them  become  a  dead  letter. 
Out  of  their  own  experience,  the  workers  learned  that  in  union 
there  ts  strength" 

"  The  clothing  operatives  union  of  Hebdon  Bridge  "  (England), 
she  continues,  "  increased  from  29  to  300  "  (during  the  year  the 
industry  was  subject  to  regulation),  "while  throughout  the 
country  the  union  so  grew  in  numbers  that  it  came  to  embrace 
more  than  three  fourths  of  the  working  people  in  the  trade."  *  *  * 
A  legal  minimum  wage  is  an  attempt  to  pick  him  (the  worker) 
up  and  keep  him  standing.  It  need  not  be  a  high  rate.  It  is 
enough  if  it  puts  solid  earth  beneath  the  trade  union  in  the  trade, 
and  lays  a  foundation  on  which  the  union  can  build  a  proper 
superstructure. 

In  describing  the  Westinghouse  strike,  George  V.  S.  Michaelis 
says :  "  These  were  no  sodden  peasants,  dumb  and  stupid.  They 
were  highly  literate.  Many  wrote  in  two  languages.  No  plants 
in  the  country  had  a  higher  type  of  employees." 

It  has  been  my  universal  experience  that  those  who  welcomed 
union  ideas,  or  were  interested  in  any  programme  designed  for 
the  benefit  of  working  people,  were  the  better  fed  and  highly  paid. 
I  was  a  member  of  the  Socialist  Local  at  Poughkeepsie,  composed 
almost  entirely  of  workingmen.  All  of  these  who  met  for  the 
discussion  of  ideas  to  improve  the  conditions  of  workers,  were 
themselves  moderately  well  off.  They  welcomed  every  form  of 
workingman's  organization  —  the  union  most  of  all. 


688  Appendix  III 

III.  Because  it  Will  Throw  People  Out  of  Employment 

Highly  desirable  if  true.  For  it  means  that  those  people  are 
ousted  who  are  a  drag  on  the  trade  —  and  who  debase  conditions 
for  the  efficient.  That  the  incompetent  must  be  looked  after  in 
other  ways,  goes  without  saying,  but  the  efficients  in  a  trade,  should 
not  be  penalized  for  the  incompetency  of  the  weaklings.  More- 
over, the  ousting  of  incompetents  will  put  the  problem  squarely 
up  to  the  government,  "  How  are  incompetents  to  be  cared  for,  and 
provided  with  work  suited  to  their  capacities  ? " 

So  that  the  incompetent  are  benefited  in  the  long  run,  as  well 
as  two  other  classes:  the  competent  employed,  and  the  competent 
unemployed  who  must  be  recruited  to  take  the  places  of  the  ousted 
incompetents. 

There  are  many  classes  of  incompetents,  whom  it  is  a  mercy  and 
a  state  service  to  exclude: 

1.  The  children; 

2.  The  aged; 

3.  Exploited  women ; 

4.  The  maimed; 

5.  Defectives. 

Let  these  classes  who  are  doing  a  strong  man's  work,  not  be- 
cause they  do  it  mare  efficiently,  but  solely  because  they  do  it 
more  cheaply,  be  replaced  by  strong  men,  men  with  families  to 
support,  who  can  only  afford  to  work  for  a  minimum  living  wage. 

IV.  Because  Organized  Lahor  is  Best  Judge  of  What  Working 

People  Want 

The  A.  F.  of  L.  represents  a  small,  though  admirable  proportion 
of  working  people.  But  the  very  class  whose  needs  the  minimum 
wage  is  designed  to  meet  are  unrepresented  by  the  A.  F.  of  L., 
for  they  are  unorganized,  the  unskilled  workers.  Therefore  al- 
though the  A.  F.  of  L.  is  the  best  judge  of  what  the  A.  F.  of  L. 
want,  they  are  not  at  all  the  best  judges  of  what  working  people 
in  general  want  —  for  they  have  no  means  of  referring  to  them  — 
no  machinery  with  which  to  do  it.  And  the  best  judge  of  an 
individual's  wants  is  the  indiviual  herself — in  every  case.  The 
educated  person  may  be  the  one  best  equipped  to  teach  us  how 


Minimum  Wage  Symposium  689 

to  attain  our  wants — but  he  never  may  determine  those  wants  for 
us. 

Now,  all  working  people  as  I  have  known  them  —  department 
store  clerks  —  garment-makers,  stenographers,  dressmakers'  assist- 
ants, trained  nurses,  have  been  in  favor  of  a  minimum  wage  — 
A.  F.  of  L.  notwithstanding.  And  although  any  opinion  is  of 
necessity  limited,  because  we  have  no  referendum  machinery, 
nevertheless  the  above  is  one  individual's  experience  set  forth  for 
what  it  may  be  worth. 

Moreover,  the  A.  F.  of  L.  does  not  decide  for  large  bodies  of 
working  people,  the  revolt  against  craft  unionism  represented  by 
the  A.  F.  of  L.,  and  the  increasing  membership  of  the  I.  W.  W. 
bear  witness  to. 

Nevertheless,  if  I  felt  that  the  principle  of  unionism,  irrespec- 
tive of  its  particular  manifestation,  were  jeopardized  by  the  es- 
tablishment of  a  minimum  wage,  I  should  be  opposed  to  it.  But 
I  believe  a  minimum  wage  produces  the  material  which  is  best 
fitted  for  the  union  stamp. 

V.  Because  the  A.  F.  of  L.  Has  Apprehensions  Against  Placing 
in  the  Hands  of  the  Government  Additional  Power  Which 
May  be  Used  to  Harm  the  Workers 
Such  power  is  already  vested  in  the  government,  and  the  sooner 
the  workers  learn  that  they  must  control  the  government,  the 
better.     At  present  the  government  expresses  almost  altogether 
the  interest  of  the  employers;  the  workers  must  learn  for  their 
own  protection,  to  handle  the  same  weapon.    For  the  future  they 
must  learn  to  operate  consciously  in  the  political  field  as  the 
A.  F.  of  L.  has  taught  them  to  operate  in  the  industrial  field. 
The  workingman's  party  will  undoubtedly  replace  the  A.  F.  of  L. 
as   a  medium   of  expression  for   Labor.     Everywhere  working 
women  are  becoming  conscious  of  this  fact,  and  it  is  only  a  ques- 
tion of  a  generation  before  they  teach  their  sons. 

VI.  Because  it  Takes  the  Initiative  Away  from  Working  People 
By  placing  working  class  interests  in  government  hands,  work- 
ing class  initiative  is  increased,  rather  than  decreased,  because : 

1.  There  is  less  risk  in  opposing  a  government  measure  than  in 
opposing  the  will  of  the  employer  by  strikes,  etc.    To  vote  an  in- 


690  Appendix  III 

crease  does  not  jeopardize  a  man's  job  as  it  does  to  strike  for  an 
increase. 

In  persuading  members  to  join  tbe  Union,  we  find  it  very 
much  easier  to  do  so  when  secrecy  is  guaranteed.  To  vote  is  a 
secret  process,  to  strike  is  manifest 

2.  The  idea  or  measure  receives  more  advertising  as  a  govern- 
ment proposal  than  does  a  union  demand.  It  is  presented  by 
every  candidate,  by  every  newspaper,  by  every  possible  medium 
of  publicity.  Presented  so  often,  it  induces  discussion ;  discussion 
eventually  produces  action. 

3.  The  specific  demand  is  uncomplicated ;  that  is,  it  is  not  tied 
up  with  a  series  of  other  ideas  which  go  to  make  up  the  principle 
of  unionism,  and,  thus  simplified,  it  is  easy  for  the  individual  to 
decide  "  yes "  or  "  no  "  on  the  proposition. 

Incidentally,  with  one  definite  and  beneficent  step  accomplished, 
it  is  easier  to  introduce  the  whole  idea  of  unionism,  and  the 
methods  for  obtaining  it,  of  which  the  step  was  but  a  part. 

It  is  true,  for  the  same  reason,  that  employers  favor  the  enactr 
ment  of  a  law  who  do  not  favor  unionism.  The  employer  is  con- 
fused, like  the  unskilled  worker,  as  to  what  unionism  stands  for, 
and  he  must  be  introduced  to  the  idea  in  small  doses. 

VII.  Because  Trade  Unions  are  not  Willing  to  Accept  an  Ex- 
periment as  a  Substitute  for  its  Work 
Government  control  and  regulation  of  working  class  interests  has 
passed  the  experiment  stage. 

VIII.  Because  the  Law  Processes  Take  too  Long 
That  is  because  working  class  consciousness  is  not  back  of 
the  law  as  yet.  And  the  objections  to  state  action  on  the  part  of 
the  A.  F.  of  L.  is  helping  to  divide  that  consciousness,  and  to 
divert  it.  The  A.  F.  of  L.  at  present  formulates  the  working  class 
demand,  and  then  acts  as  intermediary  between  labor  and  political 
action  —  an  unnecessary  redoubling  of  energy.  Whatever  manipu- 
lating must  be  done  had  better  be  done  by  the  candidate  dealing 
direct  with  his  constituents  —  the  working  people  —  without  the 
intermediary.  Nor  is  the  wire  pulling  in  politics  any  more  ram- 
pant than  that  in  a  federation. 


^    "^  Minimum  Wage  Symposium  691 

IX.  Because  of  the  Cosmopolitan  Character  of  the  People  —  Dif- 
fering Languages,  Differing  Customs,  Etc.,  It  is  Hard  to 
Get  Them  to  Co-operate 

Not  half  so  hard  to  swing  them  into  line  back  of  a  given  legis- 
lative proposal  which  every  medium — newspaper,  candidate, 
moving  picture,  etc.,  takes  the  trouble  to  present  and  explain,  as 
to  persuade  them  of  the  value  of  the  complicated  philosophy  of 
mutual  aid  in  the  shape  of  trade  unionism. 

But  like  Mrs.  Kelley,  I  believe  in  this  country  "  we  are  suffer- 
ing from  a  surfeit  of  speculation  as  to  the  probable  effects  of 
establishing  minimum  wage  rates." 


Joint  Statement  of  Bailey  B.  Bukkitt,  John  A.  Fitch, 
Homer  Folks,  Paul  U.  Kellogg^  John  A.  Kingsbury, 
Samuel  McCune  Lindsay,  Charles  S.  MacFarland,  Wil- 
liam H.  Matthews,  Frank  Persons,  Stephen  S.  Wise 

In  reply  to  your  letter  of  October  3d,  as  to  remedies  for  the 
underpayment  of  a  large  body  of  wage-earners  in  the  State  of 
^ew  York,  we  beg  to  point  out  that  minimum  wage  legislation 
is  now  in  force  in  the  State  of  Oregon  and  has  been  sustained  as 
constitutional  by  the  Supreme  Court  of  that  State.  As  you  doubt- 
less know,  rates  are  also  in  effect  in  Minnesota,  Washington  and 
Massachusetts. 

It  is,  of  course,  too  soon  to  claim. that  such  legislation  will 
everywhere  and  promptly  solve  this  difficult  problem.  It  has, 
however,  one  merit  which  particularly  recommends  it  to  those  who 
believe  in  Democracy.  It  is  the  first  attempt  in  all  the  history 
of  industry  to  give  to  underpaid  women  and  girls  a  voice  in 
deciding  what  compensation  they  should  receive. 

The  essential  point  in  all  such  legislation  is  the  creation  of  a 
State  Commission  with  wage  boards  composed  of  representatives  of 
employers,  employees  and  the  public.  This  insures  that,  besides 
the'  primary  aid  of  removing  one  industrial  cause  of  poverty,  a 
secondary  aim  hardly  less  important  is  served,  namely,  that  the 
sense  of  justice  of  the  workers  and  of  the  community  is  satisfied. 


692  Appendix  III 

The  employer  is  freed  from  the  pressure  of  his  meanest  com- 
petitor, and  the  worker  is  enlightened  as  to  the  actual  difficulties 
that  beset  the  industry.  Being  more  conversant  with  the  whole 
situation,  both  are  correspondingly  more  tolerant. 

This  is  no  mere  theorizing.  As  to  these  facts  we  have  eighteen 
years'  accumulated  experience  in  Australia  and  four  years  in 
England. 

For  want  of  such  machinery  we  have  within  a  few  years  seen 
in  the  streets  of  New  York  little  girls  of  14  years  acting  as  pickets 
during  great  strikes.  The  Minimum  Wage  Commission  affords 
a  dignified  medium  for  the  expression  of  the  needs  of  the  now 
defenceless  workers  and  of  the  now  silent  conscience  of  the  com- 
munity. 

This  method  has  afforded  no  instant  cure  for  industrial  under- 
payment, but  with  the  least  dislocation  of  industry  and  no  actual 
injury  to  business,  it  has  wherever  attempted  steadily  raised  the 
lowest  levels  of  labor. 

Every  investigation  shows  afresh  that  wages  are  now  for  the 
most  part  chaotic,  especially  in  the  worst  paid  occupations,  differ- 
ent employers  paying  different  wage  rates  for  the  same  grade  of 
labor.  Minimum  Wage  Commissions  introduce  a  business-like 
method  of  standardization.  In  the  nature  of  things  the  incompe- 
tent employer  is  thereby  stimulated  to  greater  efficiency,  and  the 
incompetent  employees  must  either  earn  the  new  wage  rates  or  go 
in  search  of  technical  education  to  enable  them  to  do  so.  For 
this  education  our  State  is  now  preparing  on  a  large  scale. 

We  consider  that  Massachusetts  has  set  a  good  precedent  for 
the  industrial  States  of  the  East  by  appointing  wage  boards  under 
its  Commission  to  take  up  one  industry  at  a  time,  studying  it  in 
detail  intensively,  and  thereafter  recommending  a  rate  on  the 
basis  of  agreement  of  the  representatives  of  all  the  parties  in 
interest. 

There  never  was  a  time  when  such  legislation  was  more  needed, 
for  with  bad  times  and  the  influx  of  refugees  which  has  already 
begun,  wages  must  go  even  lower  without  effective  action  to  keep 
them  where  they  are. 

We  would  earnestly  urge  upon  your  Commission  the  continu- 


Minimum  Wage  Symposium  693 

ance  of  the  magnificent  record  which  it  has  already  achieved,  that 
it  be  not  held  back  from  recommending  a  Minimum  Wage  Com- 
mission by  any  fear  of  difficulties  of  administration. 

PAUL  U.  KELLOGG, 

CHAKLES  S.  MacFARLAND, 

W.  FRANK  PERSONS, 

HOMER  FOLKS, 

BAILEY  B.  BURRITT, 

WM.  H.  MATTHEWS, 

SAMUEL  McCUNE  LINDSAY, 

JOHN  A.  FITCH, 

JOHN  A.  KINGSBURY, 

STEPHEN  S.  WISE. 


Statement  of  Rt.  Rev.  F.  Courtney 

It  is  not  very  long  since  the  question  of  wages  was  allowed  to 
settle  itself  by  what  was  called  the  law  of  supply  and  demand, 
but  when  presidents  and  boards  of  directors  of  great  companies 
took  the  place  of  individual  employers  or  of  firms  of  limited  mem- 
bership, and  labor  unions  were  organized,  and  strikes  and  lock- 
outs took  place,  conditions  were  speedily  changed,  a  state  of  war 
between  capital  and  labor  being  the  result.  Once  in  a  while 
matters  would  get  into  such  a  bad  state,  entailing  great  want  and 
suffering  on  the  part  of  all  on  the  side  of  labor,  and  pecuniary 
loss  on  the  side  of  capital  that  various  foi*ms  of  interference  were 
adopted  by  the  State  for  the  settlement  of  difficulties  and  the  re- 
sumption of  work.  Gradually,  more  and  more  attention  was  fixed 
upon  the  question  of  how  much  a  working  man  ought  to  have,  in 
order  to  provide  for  the  necessities  of  his  family,  it  being  taken 
for  granted  that  somehow  he  must  be  in  receipt  of  at  least  that 
amount,  in  order  to  make  and  keep  him,  as  a  citizen,  an  asset  in 
the  welfare  of  his  country. 

It  has  been  the  policy  of  the  government  of  the  United  States 
to  endeavor  to  protect  and  foster  weak  and  struggling  trades  by 
imposing  a  heavy  customs  duty  upon  the  products  of  such  trades 
imported  from  other  lands,  thus  so  far  as  those  trades  were  profit- 
able, making  the  consumers  of  their  products  pay  to  make  them 


6^4  Appendix  III 

80.  It  would  seem  to  be  in  correspondence  witli  this  action  that 
the  government  should  compel  employers  to  pay  what  is  called  a 
living  wage  to  the  workers  of  all  trades  —  this  being  what  is 
understood  by  the  term  a  minimum  wage  —  the  effect  of  which 
would  be  that  the  manufacturers  in  certain  trades  would  charge 
the  customers  so  much  more  for  the  product,  and  secure  customers 
by  the  customs  duty  being  increased  on  imports  of  the  same 
articles.  The  reason  for  such  action  on  the  part  of  the  L^islature 
would  be  that  the  public  at  large  should  be  compelled  to  pay  for 
securing  to  the  State  lives  which  waidd  he  of  value  to  the  same, 
and  which,  without  this  provision,  would  be  weak  and  ineffective 
physically,  and  needing  in  old  age,  or  even  before  that,  to  be  pro- 
vided for  at  the  public  expense.  Another  mode  would  be  for  the 
Legislature  to  fix  the  amount  of  the  minimum  wage  which  any 
worker  should  receive,  and  from  returns  obtained  by  its  investi- 
gators ascertain  the  number  of  those  who  were  underpaid,  and  the 
amount  required  to  bring  them  up  to  the  level,  paying  over  to 
them  the  balance,  and  recouping  the  public  purse  by  taxation  — 
urban,  State,  or  National.  This  plan  would  apply  to  those 
workers  only  who,  in  the  various  employments,  were  receiving 
less  than  the  minimum  wages,  for  there  would  hardly  be  any 
where  all  were  paid  less  than  that.  There  would  be  one  great  and 
evident  objection  to  this  procedure,  namely,  that  it  would  open 
the  door  to  fraudulent  action,  the  employer  getting  as  many 
workers  as  much  below  the  minimum  wage  as  possible,  so  that 
they  might  be  cared  for  at  the  public  expense,  that  he  might  be 
able  to  undersell  his  honest  competitor  by  producing  his  wares  at 
less  cost  to  himself ;  that  should  in  some  way  be  guarded  against. 
It  may  be  urged  against  the  whole  subject,  that  minimum  wage 
legislation  would  make  for  what  is  known  as  paternal  govern- 
ment, which  is  generally  in  bad  odor,  but  it  is  a  question,  since 
Bellamy's  day  ("  Looking  Backward  "),  whether  government  may 
not  come  to  be  the  regulative  of  manufacture,  trade,  commerce  and 
finance,  and  the  President  of  the  United  States  be  elected  to  that 
position  because  he  is  the  best  business  man  in  the  community. 
If  that  is  to  be  so,  it  would  seem  that  the  providing  of  a  minimum 
wage  by  means  of  legislation,  is  a  legitimate  and  proper  pro- 
cedure; and  the  only  question  to  be  discussed  is  as  to  the  par- 
ticular enactment  by  which  the  object  can  best  be  secured. 


Minimum  Wage  Symposium  695 

Statement  of  Herbert  Croly 

I  should  very  much  like  to  answer  your  letter  of  October  3d 
at  length.  In  this  letter  you  ask  me  to  draw  up  for  the 
Factory  Investigation  Commission  my  own  views  on  the  question 
of  minimum  wage  legislation,  and  to  discuss  the  administration  of 
minimum  wage  laws. 

It  is  a  matter  in  which  I  am  very  much  interested  and  which  I 
would  have  gladly  written  to  you  about  at  length  were  I  not  very 
much  pre-occupied  at  the  present  time  by  the  necessary  pressure 
of  work  connected  with  starting  the  New  Republic.  As  it  is  I 
shall  be  obliged  to  confine  myself  simply  to  a  general  statement 
of  conviction. 

I  believe  heartily  and  wholly  in  applying  minimum  standards 
to  wages  in  all  industries  in  which  an  excessive  competition  or 
any  other  demoralizing  cause  leads  to  the  sweating  of  the  em- 
ployees. I  think  it  has  been  already  proved  that  the  proper  ad- 
ministration of  such  a  law  is  entirely  practicable  and  has  a 
tendency  not  merely  to  raise  the  standard  of  wages  in  the  industry, 
but  to  place  the  industry  itself  on  a  more  wholesome  and  less  pre- 
carious basis.  Whether  or  not  the  legislation  undertaken  by  any 
State  in  the  American  Union  should  apply  a  compulsory  standard, 
or  should  depend,  as  in  the  case  of  Massachusetts,  on  the  effect 
of  public  opinion,  depends,  I  think,  very  largely  on  local  con- 
ditions. It  will  probably  be  better  in  the  majority  of  American 
states  to  begin  with  a  law  which  does  not  depend  upon  compulsion, 
but  I  should  regard  a  law  of  that  kind  merely  as  a  step  to  the 
adoption  of  a  compulsory  standard  in  the  end. 

In  the  case  of  industries  that  are  well  organized  the  enactment 
of  minimum  wage  legislation  would  seem  very  doubtful.  In  that 
event  the  unions  seem  quite  capable  of  taking  care  of  the  necessary 
minimum  standards.  Legislation  on  behalf  of  the  minimum  wage 
in  such  industries  might  have  a  value  in  this  country  which  it 
would  not  have  abroad,  in  that  it  would  protect  union  labor  from 
the  competition  of  recently  arrived  aliens  whose  standard  of  living 
is  lower;  but  I  do  not  think  that  this  consideration  is  decisive. 
On  the  other  hand,  the  fact  that  the  unions  themselves  seem  to  be 
suspicious  of  minimum  wage  legislation  is,  I  think,  of  the  utmost 
importance,  and  certainly  during  the  present  experimental  period 


696  Appendix  III 

it  is  far  better  to  confine  any  legislation  of  this  kind  to  those  in- 
dustries the  employees  of  which  are  not  strong  enough  to  protect 
themselves  from  the  condition  which  makes  for  low  standards  of 
living. 


Statement  of  Edward  T.  Devine 
Your  investigations  support  what  is  common  knowledge  among 
students  of  industry,  that  in  many  cases  current  wages  are  insuf- 
ficient to  enable  workers  to  maintain  themselves  in  health  and 
comfort  Probably  all  would  agree  that  if  such  wage  earners 
could  by  their  own  efforts  secure  the  increased  income  essential  to 
their  well-being  this  would  be  cause  for  congratulation.  Exper- 
ience and  observation  show,  however,  that  it  is  precisely  those 
whose  wages  are  least  who  are  in  this  respect  most  helpless. 
They  are  caught  in  a  vicious  circle,  unable  to  increase  their 
eflBciency  or  their  ability  for  mutual  self-defense  because  of  their 
low  wages,  and  unable  to  increase  their  wages  because  of  their 
comparative  inefficiency  and  lack  of  capacity  for  self-defense. 

To  establish  a  legal  minimum  wage  will  immediately  insure 
increased  income  for  a  considerable  number;  that  is  to  say,  for 
all  of  those  who  are  really  needed  in  the  industry  in  which  they 
are  engaged  and  whose  employers  can  afford  to  pay  higher  wages. 
Doubtless  there  will  be  a  certain  number  —  no  one  knows  in  ad- 
vance how  many  —  whose  employers  can  not  pay  a  higher  wage, 
and  —  what  is  only  another  way  in  the  long  run  of  saying  the 
same  thing  —  who  are  not  worth  a  higher  wage  at  present. 
These  displaced  workers  will  again  fall  into  two  principal 
groups:  Those  who  by  a  reasonable  amount  of  education  and 
training  can  be  enabled  to  earn  a  higher  wage,  and  those  who 
through  mental  or  physical  deficiency  are  incapable  of  such  educa- 
tion and  training.  The  first  present  a  problem  of  improved  edu- 
cation with  which  the  school  authorities  should  quickly  cope. 
The  second  present  a  relief  problem  for  which  provision  would 
have  to  be  made. 

In  my  opinion,  the  presence  in  industry  of  untrained  and  un- 
teachable  workers,  inefficient  because  of  inherent  defects,  is  a 
great  handicap  to  industry  and  a  most  unfair  form  of  competition 


Minimum  Wage  Symposium  697 

in  the  labor  market.  Their  work  is  worth  little,  notwithstandiiig 
which  they  maintain  a  foothold,  partly  because  employers  have  no 
adequate  means  of  knowing  whether  particular  employees  are  or 
are  not  earning  the  wages  paid  them. 

One  great  advantage  of  a  minimum  wage  law  is  that  it  would 
drive  a  sharp  wedge  between  wage  earners  who  are  earning  what 
they  receive  or  more  and  wage  earners  whose  services  are  worth 
little  or  nothing.  The  latter  are  really  a  social  burden,  and  it 
is  not  a  disadvantage  to  have  them  so  recognized,  defintely  sup- 
ported as  public  charges.  To  support  them  indirectly  by  paying 
them  wages  which  they  do  not  earn  is  unfair  to  actual  wage 
earners  as  well  as  to  employers.  One  chief  advantage  of  differ- 
entiating them  from  other  laborers  is  that  they  can  then  be  con- 
sidered individually,  those  who  are  capable  of  being  taught  being 
given  the  opportunity,  and  those  who  are  not  being  brought  if 
necessary,  into  institutions  or  colonies  where  under  direction  they 
can  at  least  earn  part  of  their  support.  For  their  own  sake  even 
these  last  should  have  some  employment,  but  it  should  be  of  a 
kind  adapted  to  their  capacity. 

It  would,  I  think,  often  be  found  —  and  experience  in  England 
and  elsewhere  supports  this  view — that  the  higher  wage  re- 
quired by  a  minimum  wage  law  could  be  paid  without  actual  loss 
to  employer  or  consumer,  the  explanation  of  this  apparent  paradox 
being  simply  that  the  worker  with  better  nourishment  or  a  higher 
standard  in  other  respects  will  do  more  efficient  work,  producing 
more  goods  or  a  better  quality  of  goods  for  which  purchasers  can 
well  afford  to  pay  the  difference.  It  could  not  of  course  be  laid 
down  that  an  indefinite  increase  of  this  kind  is  possible;  but  it 
may  well  be  that  the  entire  difference  between  the  low  wages  now 
paid  in  some  industries  and  the  amount  which  would  be  necessary 
to  maintain  health  and  decent  comfort  could  thus  be  made  up 
with  actual  advantage  to  everybody  affected  by  the  change. 
Even,  however,  if  this  should  not  be  the  case,  and  the  alternative 
were  found  to  be  a  complete  disappearance  of  some  branches  of 
industry  in  which  a  minimum  living  wage  could  not  be  paid 
profitably,  the  community  could  better  afford  to  see  such  branches 
of  industry  totally  disappear  than  to  tolerate  the  continuance  of 


698  Appendix  III 

under-payment,  which  means  progressive  lowering  of  the  standard 
of  living,  imder-noiirishment,  excessive  over-crowding,  or  other 
conditions  which  make  for  actual  racial  degeneracy. 


Statement  of  Seba  Eldeidge 

The  conditions  disclosed  by  the  investigations  of  the  New  York 
State  Factory  Investigating  Commission,  and  known  to  students 
of  labor  problems  long  before  the  Commission  was  called  in  ex- 
istence, are  the  argument  —  the  unanswerable  argument  —  for  a 
legal  minimum  wage  for  women  and  minors.  For  no  theoretical 
arguments  against  wage  regulation,  however  logical  or  cogent  they 
may  be,  can  remove  the  fact  that  tens  of  thousands  of  women  and 
children  workers  in  the  State  do  not  receive  incomes  sufficient  to 
purchase  the  necessaries  of  life,  and  the  demand  for  a  prompt  and 
efficacious  remedy  for  this  appalling  condition. 

Granted  that  wage  regulation  may  fetter  industiy,  that  it  may 
increase  the  cost  of  living,  that  it  may  drive  many  industries 
from  the  State,  even  that  it  may  prejudice  the  position  of  organ- 
ized labor  —  granted  all  these  things  —  the  condition  that  con- 
fronts us  is  so  serious  that  measures  of  relief  must  be  devised, 
even  if  at  so  great  a  cost* 

But  it  has  not  been  shown  that  industry  suffers  by  such  regula- 
tion, that  prices  are  increased  by  paying  labor  a  living  wage,  that 
industries  are  driven  out  by  minimum  wage  laws,  nor  that  organ- 
ized labor  is  weakened  by  the  fixation  of  a  legal  minimum  below 
which  wages  cannot  fsll.  Any  tendency  there  might  be  for  these 
results  to  follow  can  be  anticipated  and  minimized  or  counteracted 
altogether.  If  the  prices  of  commodities  produced  by  industries 
underpaying  their  labor  are  forced  up  by  forced  increases  in  wages, 
the  result  will  be  rather  an  equalization  of  wages  as  between  the 
better  and  the  more  poorly  paid  labor  than  any  general  increase 
in  the  cost  of  living  to  all  labor.  This  is  no  more  than  just  and 
humane,  and  labor  —  and  capital  and  the  consumer  —  should  not 
object  to  bearing  each  its  share  of  the  burden.  A  legal  minimum 
wage,  if  there  is  a  gradual  growth  from  the  present  minimum  to  the 
living-wage  minimum  fixed  by  law,  will  only  drive  such  industries 


Minimum  Wage  Symposium  699 

from  the  State  as  are  by  their  very  nature  parasitical,  and  not  any 
industries  that  deserve  to  exist.  What  will  actually  happen  will 
be  that  the  sweated  industries  will  have  to  adapt  themselves 
gradually  to  the  advanced  wage  scale  or  in  particular  instances 
other  industries  substituted  for  them.  It  will  not  mean  an  arrest- 
ment of  industry  nor  the  driving  of  capital  from  this  State  to 
another.  The  legal  fixation  of  a  wage  minimum  cannot  prejudice 
the  interests  of  organized  labor;  indeed,  it  will  encourage  the 
organization  of  employees  in  trades  that  were  not  before  organized, 
that  they  may  be  adequately  represented  on  the  bodies  charged 
with  the  duty  of  mailing  wage  determinations. 

Modern  economic  theory  is  all  on  the  side  of  regulation  of  this 
sort.  The  fact  is  admitted  by  all  schools  of  economists  that  the 
productive  system  is  a  corporate,  a  collective  affair,  and  must 
stand  or  fall  as  a  whole ;  that  the  individual  worker,  or  individual 
capitalist,  is  helpless  before  it;  and  that  society,  which  it  serves, 
must  see  to  it  that  neither  worker  nor  capitalist  is  cri>3hed  or 
oppressed  by  it. 

There  are  arguments  that  a  legal  minimum  wage  is  undesirable 
because  indirect  methods  of  attack  can  accomplish  in  a  better 
way  what  wage  laws  are  designed  to  accomplish.  The  improve- 
ment of  hours  and  conditions  of  labor;  the  elevation  of  standards 
of  housing ;  the  training  for  a  better  expenditure  of  income ;  the 
vocational  guidance  and  training  of  boys  and  girls ;  a  greater 
production  of  wealth  through  better  organization  of  industry  — 
these  and  other  measures  are  urged  as  substitutes  for  wage  regu- 
lation. They  will,  of  course,  permit  the  maintenance  of  higher 
standards  of  living,  but  they  cannot  be  expected,  even  when  they 
shall  have  been  completely  carried  out,  to  deal  with  the  wage  or 
income  problem  in  its  entirety.  For,  however  greatly  we  improve 
labor  and  housing  conditions,  however  well  we  are  trained  for 
life  and  work,  however  great  our  production  and  wealth,  the  fact 
will  remain  until  the  State  does  everything  for  the  individual, 
that  we  shall  all  need  incomes  for  the  necessities  of  life  we  have 
to  procure  for  ourselves. 

And  it  would  seem  to  be  a  self-evident  truth  that  every  man 
and  every  woman  who  is  willing  to  work  and  able  to  work  should 
be  provided  with  work  and  that  they  should  receive  for  this  work 


700  Appendix  III  "         ' 

at  least  a  living  wage;  and,  further,  that  if  willing  to  work  and 
unable  to  find  work  thej  should  receive  from  some  source  a  living 
income  anyhow.  Too,  the  wage  or  income  paid  should  be  sufficient 
to  permit  of  saving  for  the  time  when  the  wage^amer  is  unable 
to  toil  for  himself  and  those  dependent  on  him,  or  if  not,  pro- 
vision should  be  made  for  this  contingency  in  some  other  way. 

Our  aim  should  be  to  insure  to  every  family  and  to  every 
individual  for  whom  we  have  any  measure  of  responsibility,  a 
living  income  for  every  month  of  the  year  and  every  year  of 
their  existence.  Not  only  will  the  legal  fixation  of  a  living  wage 
be  necessary  to  the  accomplishment  of  this  purpose,  but  adequate 
provision  —  of  necessity  under  State  control  —  must  be  made  for 
unemployment,  sickness,  accidents,  old  age  and  death.  And  upon 
every  individual  and  every  class  in  the  community  —  upon  this 
Commission,  upon  the  Legislature,  upon  organized  labor,  upon 
political  parties,  upon  all  the  public  —  rests  the  responsibility,  a 
responsibility  they  cannot  shirk,  of  devising  measures  that  will 
insure  to  every  individual  and  every  family  in  the  community  sure 
and  adequate  means  of  maintaining  themselves  in  decency. 

To  supplement  the  incomes  of  working  women  and  minors 
within  this  State  who  now  are  underfed,  or  inadequately  clothed, 
or  improperly  housed,  or  all  these  things  put  together,  because 
their  incomes  are  too  low,  will  require  several  millions  of  dollars 
a  year.  Only  legislation  can  meet  this  situation.  Relief  cannot 
do  it,  and  could  it,  it  would  be  a  vicious  way  of  meeting  the 
problem.  A  minimum  wage  law  ten  years  hence,  when  the 
pressure  of  public  opinion  for  it  might  be  stronger,  will  not  meet 
the  condition  that  exists  today.  At  the  present  time  there  are 
within  the  borders  of  the  State  several  tens  of  thousands  of  women 
and  children  workers  in  a  condition  of  partial  starvation  because 
they  haven't  means  enough  to  purchase  the  food  necessary  to  sus- 
tain their  strength.  Let  him  who  can,  suggest  a  better  method 
than  wage  regulation  of  relieving  this  appalling  situation. 


Statement  of  Mary  E.  Gardner 

As  President  of  the  Consumers'  League  of  Buffalo  for  the  past 
twelve  years  I  have  had  ample  opportunity  to  know  the  conditions 


Minimum  Wage  Symposium  701 

which  exist  among  wage  earning  women.  In  Buffalo  the  average 
wage  per  week  of  the  department  store  workers,  not  including 
heads  of  departments,  does  not  exceed  $5.50,  and  that  of  factory- 
workers  is  about  the  same.  Nine  dollars  has  been  estimated  by 
us  to  be  a  living  wage  in  Buffalo.  The  deficit  is  paid  either  by 
the  workers  themselves  through  lack  of  nourishment,  insufficient 
clothing,  unsanitary  and  comfortless  shelter  and  lack  of  recreation, 
or  it  is  made  up  by  relatives  or  private  or  public  philanthropy. 

The  testimony  which  has  been  given  before  you  shows  that  many 
thousands  of  the  workers  of  New  York  State  receive  less  than  a 
living  wage.  Society  cannot  afford  the  sacrifice  of  health  which 
results  from  the  present  industrial  conditions  among  women 
workers. 

I  trust  your  Commission  will  recommend  to  the  Legislature 
wage  legislation  which  will  be  adequate  to  meet  the  needs  of  the 
workers.  A  permanent  wage  commission  would  seem  to  be  the 
only  adequate  means  of  giving  to  the  unprotected  workers  a  living 
wage.  I  believe  that  not  only  the  direct  residts  of  such  legislation 
will  be  beneficial  to  society  but  that  it  will  produce  far  reaching 
indirect  effects  such  as  decreasing  child  labor,  and  by  giving  to  the 
workers  sufficient  wage  to  afford  nutritious  food  and  comfortable 
shelter,  the  tendency  to  disease  will  be  largely  removed. 


Statement  of  Florence  Kelley  and  Josephine  Goldmark, 
FOR  THE  National,  Consumers'  League 

In  September,  1908,  the  International  Conference  of  Consum- 
ers' Leagues,  held  in  Geneva,  Switzerland,  discussed  at  great 
length  Minimum  Wage  Legislation.  Since  that  time  the  National 
Consumers'  League  has  made  this  legislation  the  first  point  in  its 
program. 

Our  effort  has  been  further  stimulated  by  the  action  of  England, 
where  minimum  wage  boards  were  established  in  four  industries 
in  1910  and  extended  in  1913  to  four  other  larger  and  more  im- 
portant ones,  the  whole  coal  mining  industry  of  England  and  Wales 
having  also  been  brought  under  this  legislation. 

In  Victoria,  Australia,  special  boards  to  fix  minimum  wages 
have  been  established  since  1896.     The  success  of  the  boards  is 


702  Appendix  III 

shown  by  tlieir  continuous  increase  —  from  five  boards  in  1896  to 
143  boards  in  1913,  affecting  the  wages  of  more  than  150,000 
persons. 

In  this  country,  State  commissions  have  determined  minimum 
wage  rates  in  Oregon,  Washington,  Massachusetts  and  Minnesota, 
and  are  preparing  to  do  so  in  California,  Colorado,  !t^ebraska  and 
Wisconsin.  Commissions  of  enquiry  on  the  subject  have  reported 
in  Ohio,  Indiana,  Louisiana  and  Connecticut. 

The  movement  for  such  legislation,  therefore,  is  beyond  the 
stage  of  mere  agitation  or  discussion.  Its  usefulness  and  practica- 
bility is  proven  in  various  parts  of  the  world. 

We  are  in  favor  of  the  creation  of  a  Minimum  Wage  Commis- 
sion for  the  [State  of  New  York  modeled  upon  that  of  Massachu- 
setts, except  in  the  matter  of  enforcement,  to  which  we  recur 
later  on. 

We  believe  that  the  participation  and  co-operation  of  em- 
ployers, employees  and  the  public  affords  the  best  hope  of  success 
in  solving  the  problems  of  each  industry  in  which  a  large  propor- 
tion of  workers  are  underpaid. 

One  principal  consideration  in  favor  of  this  legislation  is  the 
cost  to  the  community  which  follows  underpayment  of  wage 
earners.  It  is  a  matter  of  common  knowledge  that  wherever 
industry  fails  to  pay  its  bill,  the  community,  however  indirectly 
and  haltingly,  sooner  or  later  makes  good  the  deficit.  Sani- 
toriums  for  the  tuberculous  and  the  melancholy,  hospitals  for  the 
broken  down,  poorhouses  for  the  aged,  whose  wages  have  permitted 
no  savings,  must  be  supported  by  public  funds. 

Our  conclusions  are  based  upon  a  study  of  facts  and  statistics  as 
to  the  wages  and  cost  of  living  of  working  women,  gathered  during 
the  past  five  years  by  federal,  state  and  private  investigations. 
The  careful  intensive  studies  of  your  Commission  seem  to  us  to 
confirm  and  amplify  all  previous  information  on  these  subjects 
obtained  in  this  country  and  abroad. 

As  to  the  evils  of  low  wages  we  believe  that  they  are  three  fold: 
physical,  moral  and  economic. 

The  dangers  to  the  health  of  women  from  low  wages  are  lack 
of  adequate  nourishment  and  lack  of  medical  care  in  sickness. 


Minimum  Wage  Symposium  Y03 

Investigation  proves  that  with  insufficient  wages,  food  is  neces- 
sarily cut  down  below  the  level  of  subsistence.  In  order  to  meet 
unavoidable  expenses  for  lodging  and  clothing,  working  women 
often  reduce  their  diet  to  the  lowest  possible  point  and  health  in- 
evitably suffers.  Yet,  paradoxically,  the  workers  who  receive  the 
lowest  wages  are  able  to  spend  least  on  health.  Hence  they  are 
often  without  care  in  sickness,  although  their  need  is  greatest  by 
reason  of  low  earnings  and  consequent  hardship.  Expenditures 
for  medical  treatment  increase  as  income  increases.  In  general  it 
is  true  that  the  standard  of  living  is  fixed  by  the  wages  received. 
With  insufficient  wages,  expenditures  for  living  must  be  curtailed 
below  the  requirements  of  healthful  existence.  Overcrowding  in 
housing  with  the  consequent  loss  of  all  privacy,  the  struggle  to 
obtain  necessary  clothing,  and  the  lack  of  all  legitimate  lecrea- 
tion,  have  been  found  to  result  from  under-payment. 

We  are  convinced  that  while  the  under-payment  of  women  and 
the  consequent  struggle  to  live  may  not  be  the  primary  cause  for 
entering  upon  an  immoral  life,  it  is  inevitably  one  of  the  most  im- 
portant contributing  factors.  When  wages  are  too  low  to  supply 
nourishment  and  other  human  needs,  temptation  is  more  readily 
yielded  to. 

On  the  economic  side,  investigation  has  proved  that  the  wages 
of  women  are  fixed  at  present  only  by  supply  and  demand.  Earn- 
ings for  the  same  work  in  a  given  industry  vary  from  estab- 
lishment to  establishment.  The  wage  is  fixed  neither  by  the  value 
of  service  rendered  nor  by  what  the  industry  can  afford.  By  pro- 
viding a  method  to  establish  a  legal  minimum  wage,  the  State 
tends  to  standardize  rates  for  similar  grades  of  work  and  to  protect 
women  from  the  exploitation  which  has  been  found  existing  in 
many  occupations. 

We  believe  further  that  the  establishment  of  a  legal  minimum 
wage  is  an  incentive  toward  correcting  one  of  the  greatest  hard- 
ships of  industry,  irregularity  of  employment,  through  improved 
organization  and  better  management  of  business.  Obviously 
regularity  or  irregularity  of  work  determines  the  earnings  of  the 
workers.  Irregularity  of  employment  may  involve  long  periods 
of  enforced  idleness  owing  to  seasonal  fluctuations  with  shut- 
downs in  dull  seasons  and  slack  trade,  or  it  may  mean  shorter 


704  Appendix  III 

periods  of  "  time  lost  "  for  various  causes.  Loss  of  earnings  from 
seasonal  irregularity  has  been  found  greatest  among  the  lowest 
paid  workers.  They  are  apt  to  be  dismissed  first  in  slack  seasons, 
or  to  be  employed  short  time.  It  has  been  found  that,  in  many 
trades,  during  dull  periods  the  weekly  earnings  of  the  lowest  paid 
workers  fall  below  the  nominal  rate  of  wages  by  over  20  per  cent. 
Yet  experience  has  shown  the  fallacy  of  the  ordinary  assumption 
that  high  wages  necessarily  mean  high  cost  of  production.  In 
many  instances  it  has  been  proved  that  high  wages  have  accom- 
panied low  cost  of  production.  This  is  because  the  payment  of 
higher  wages  stimulates  the  employer  to  reduce  costs  by  improve- 
ments in  organization  and  new  inventions,  and  also  to  develop  and 
to  keep  the  most  efficient  workers.  On  the  other  hand  the  payment 
of  an  adequate  wage  stimulates  the  workers  to  prove  themselves 
the  most  efficient. 

We  believe  that  the  experience  of  those  countries  in  which 
minimum  wage  legislation  has  been  longest  in  effect,  proves  the 
following  points: 

1.  That  the  operation  of  the  legal  minimum  wage  has  not  inter- 
fered with  the  commercial  development  of  the  country  in  which 
it  has  been  established.  On  the  contrary  the  number  of  factories 
and  workers  and  the  other  well-known  indices  of  commercial  pros- 
perity have  steadily  mounted. 

2.  That  the  establishment  of  a  legal  minimum  wage  has  re- 
sulted in  increased  wages,  especially  to  the  worst  paid  workers. 

3.  That  the  fear  lest  the  minimum  might  prove  also  the  maxi- 
mum wage  has  proved  groundless.  The  usual  variation  in  wages 
appears  to  operate  after  a  minimum  has  been  set  by  law,  below 
which  wages  may  not  sink. 

4.  That  the  establishment  of  minimum  wage  boards  has  tended 
towards  creating  industrial  peace.  Instead  of  resorting  to  strikes 
and  lockouts,  employers  and  employees  are  brought  into  co- 
operative relations. 

5.  That  the  establishment  of  a  legal  minimum  wage  not  only 
checks  unscrupulous  employers  but  makes  it  possible  for  en- 
lightened employers  to  pay  higher  wages  without  fear  of  under- 
bidding competitors. 


Minimum  Wage  Symposium  705 

In  view  of  the  recognized  evils  of  the  present  low  wages  paid 
and  the  recognized  benefits  of  the  operation  of  wage  boards,  we 
urge  upon  you  the  recommendation  of  a  bill  providing  for  a  mini- 
mum wage  commission  for  working  women  in  I^ew  York  State. 

In  our  opinion  the  commission  should  be  composed  of  three  per- 
sons, one  to  represent  employers,  one  to  represent  employees  and 
one  a  representative  of  the  public.  One  member  of  the  commission 
should  be  a  woman.  As  in  the  Workmen's  Compensation  Com- 
mission, the  Commissioner  of  Labor  should  be  ex  officio  a  member 
of  the  wage  commission,  without  vote. 

The  commission  should  be  given  power  to  appoint  subordinate 
advisory  boards  for  single  trades;  and  as  in  Massachusetts  and 
Minnesota,  they  should  be  compensated  at  the  rame  rate  as  jurcrs. 
They  should  be  composed  of  equal  numbers  of  representatives  of 
employers  and  of  employees  and  one  or  more  representatives  of 
the  people. 

The  basis  of  fixing  a  living  wage  in  any  trade  should  bii  the 
necessary  cost  of  living,  to  maintain  the  workers  in  health.  In 
fixing  the  time  at  which  any  given  living  wage  shall  go  into  effect, 
the  commission  should  be  empowered  to  take  into  consideration 
the  financial  condition  of  the  industry  and  to  distribute  the  ad- 
vance in  rates  over  a  specific  period  of  time,  at  the  end  of  which 
the  living  wage  must  be  reached. 

We  are  of  the  opinion  that  the  minimum  wage  commission 
should  not,  as  in  Massachusetts,  be  merely  recommendatory,  but 
should  have  power  to  compel  the  observance  of  its  orders. 

Any  worker  who  is  paid  less  than  the  wage  fixed  by  the  com- 
mission after  receiving  the  recommendation  of  the  wage  board, 
should  be  entitled  to  recover  the  full  amount  due,  as  measured  by 
the  order  of  the  commission. 

Any  employer  violating  the  provisions  of  the  act  should  be  held 
gTiilty  of  misdemeanor. 


Statement  of  Norman  Hapgood 
'New  York,  in  some  respects,  has  lagged  behind  the  most  pro- 
gressive states.     Those  residents  of  the  Empire  State,  who  have  a 
feeling  of  citizenship  and  who  like  to  be  proud  of  their  State, 
Vol.  1—23 


706  Appendix  III  • 

wish  to  have  her  show  as  much  public  spirit  and  modem  thought 
as  any  other  part  of  the  country.  The  minimum  wage,  although  a 
comparatively  new  idea,  has  been  sufficiently  tested  to  have  its 
fitness  proved.  In  Australia  and  New  Zealand  it  began  in  1896 
in  six  trades  and  proved  so  satisfactory  that  the  number  has 
increased  to  one  hundred  and  thirty-one  trades.  In  England, 
it  began  in  1910,  with  four,  and  last  year  it  was  increased  to 
eight,  several  of  them  very  large  trades.  In  this  country,  four 
states  have  commissions  which  are  already  making  rates.  Massa- 
chusetts is  doing  so  in  the  most  careful  and  conservative  way, 
with  prolonged  and  detailed  study  before  imposing  a  scale  on 
any  industry.  Oregon,  Minnesota  and  Washington  also  fixed  a 
scale,  but  are  less  interesting  to  us  as  they  are  more  sparsely 
settled  and  have  fewer  industries.  In  all  these  states  women 
only  are  affected,  and  as  the  need  is  more  urgent  in  the  case  of 
women,  it  might  well  be  decided  in  New  York  to  begin  with 
them.  Besides  those  four,  there  are  four  other  states  in  which 
commissions  exist,  but  have  not  yet  used  their  power  of  establish- 
ing rates ;  namely,  Colorado,  California,  Nebraska  and  Wisconsin. 
Besides  New  York,  Indiana  and  Michigan  have  commissions  of 
inquiry. 

I  think  there  is  no  doubt  in  the  minds  of  the  best  students 
that  wages,  under  our  complex  modern  life,  must  be  treated  as 
having  a  social  bearing,  an  influence  on  the  whole  community, 
and  therefore  as  coming  within  the  proper  scope  of  public  regula- 
tion. The  effect  of  insufficient  wages  on  the  health  and  morals 
of  the  employees  is  to  demoralize  them,  lower  the  qualities  of  the 
next  generation  and  thereby  affect  the  total  strength  of  the  nation. 
Everybody  who  is  employable,  up  to  a  necessary  standard  of 
efficiency,  should  receive  a  wage  consistent  with  healthy  living, 
and  everybody  who  is  not  up  to  that  standard,  or  who  cannot  be 
brought  up  to  it,  should  be  cared  for  in  an  entirely  different 
manner. 

Statement  of  Charles  R.  Henderson 
I  can  hardly  do  justice  to  the  subject  in  a  brief  letter. 
I  assume  that  your  Commission  has  studied  the  facts  relating 
to  the  need  for  a  minimum  wage  law.     These  facts  have  been 


Minimum  Wage  Symposium  707 

summaxized,  as  you  know,  very  well  in  the  little  book  of  Mr.  F. 
H.  Streightoff,  The  Standard  of  Living  Among  the  Industrial 
People  of  America,  and  in  the  numerous  documents  and  books 
cited  by  him.  It  seems  to  me  that  no  one  can  study  these  facts 
carefully  without  coining  to  the  conclusion  that  a  vast  number  of 
our  industrious  wage  earners  are  compelled  to  live  below  a  decent 
home  standai'd.  It  is  also  perfectly  obvious  that  at  the  same  time 
there  is  an  enormous  and  unfair  surplus  of  production  which  goes 
to  rent,  interest,  profits,  payment  for  management,  etc.  J.  A. 
Hobson  in  his  recent  book  on  ^York  and  Wealth  has  discussed  this 
point  thoroughly.  If  this  proposition  is  established,  it  is  logical 
to  believe  that  a  much  greater  measure  of  social  direction  and 
control  must  be  accepted.  Recently  one  of  our  distinguished 
railway  presidents  made  this  point  very  strongly  in  a  discussion 
of  the  situation  of  the  railroads,  but  his  argument  would  appeal 
with  even  more  force  to  many  of  the  other  monopolistic  public 
service  industries. 

So  far  as  the  theory  of  the  minimum  wage  is  concerned,  that 
is  pretty  well  outlined  in  Professor  Ryan's  book  The  Minimum 
Wage. 

I  am  assuming  also,  that  you  are  familiar  with  the  experiments 
already  made  in  different  countries.  They  are  confessedly  in  the 
stage  of  experiment  and  we  must  expect  a  great  many  failures  or 
disappointments  —  the  honest  price  to  be  paid  for  progress.  Cer- 
tainly the  present  situation  is  intolerable. 

It  has  been  objected  that  there  are  many  workers  who  cannot 
earn  the  minimum  wage  and  would,  therefore,  be  thrown  out  of 
employment.  This  objection  is  often  urged  even  by  managers  of 
industries  which  are  deriving  enormous  profits  from  families  who 
are  partly  supported  by  charity.  Such  industries  are  properly 
called  parasites  and  in  some  cases  their  existence  is  a  menace  to 
the  public  health  and  morals.  An  industry  that  must  build  up 
a  great  part  of  its  profits  out  of  the  public  charity  fund  is  pre- 
sumably anti-social  and  not  a  contribution  to  economic  wealth.  It 
is  certainly  an  enemy  to  the  higher  interests  of  civilized  beings. 
But  the  objection  has  little  weight  since  the  i)oards  which  fix  and 
modify  the  minimum  wage  rate  are  quite  competent  to  make  the 
necessary  adjustments  for  the  aged,  the  crippled  and  the  young. 


708  Appendix  III 

It  has  been  said  that  we  ought  not  to  have  minimum  wage  laws, 
but  should  rather  educate  and  train  young  people  so  that  they  can 
earn  higher  wages.  We  all  believe  in  vocational  training  and 
guidance  in  these  days,  and  that  conviction  needs  no  argument 
here,  but  it  seems  to  some  of  us  that  the  minimum  wage  boards 
would  bring  the  necessity  for  industrial  training  and  guidance 
sharply  before  the  public  opinion  and  compel  attention  to  it  in 
individual  cases.  At  present  we  have  no  such  direct  and  continu- 
ous agency  for  discovering  this  need  and  providing  for  it. 
Furthermore,  it  is  not  clear  that  better  training  would  in  all 
cases  secure  better  wages.  It  is  notorious  that  a  vast  number  of 
very  well  trained  persons  are  miserably  paid  and  are  very  insecure 
in  their  tenure  of  employment.  It  is  not,  as  some  represent,  a 
choice  between  vocational  training  and  minimum  wage  boards 
They  are  both  essential  elements  in  any  reasonable  system. 


Statement  of  Frederic  C.  Howe 

Society  has  no  right  to  accept  the  services  of  any  of  its  mem- 
bers at  less  than  a  living  wage.  We  have  no  right  to  enjoy 
the  fruits  of  others'  labors  if  that  necessitates  a  sacrifice  of  any- 
thing that  life  should  mean  to  the  worker.  I  owe,  we  all  owe  an 
unpaid  debt  to  those  who  work  for  less  than  a  decent  standard, 
and  society  should,  by  compulsory  legislation,  protect  the  worker 
from  those  who  refuse  to  abide  by  such  a  standard  of  fitness.  I 
hold  this  to  be  as  binding  a  moral  obligation  as  any  obligation 
now  sanctioned  or  enforced  by  law. 

This  is  especially  true  of  women  and  children.  Society  itself 
has  destroyed  their  former  status,  their  former  security.  Em- 
ployers are  benefited  by  the  residuum  of  unemployed  labor,  whose 
wages  are  sacrificed  by  those  out  of  emplo\Tnent.  This  estab- 
lishes the  wage  and  wages  should  not  be  fixed  by  the  hunger  of 
those  out  of  a  job;  they  should  be  fixed  by  the  contributions  to 
wealth  which  labor  makes.  This  is  the  only  ethical  basis  for 
wage  enumeration;  it  should  be  the  legal  standard  as  well. 

As  to  the  administrative  side  of  this  question,  I  cannot  speak 
with  much  definiteness.     Clearly  the  wage  scale  ought  not  to  be 


Minimum  Wage  Symposium  709 

fixed  by  law.  It  should  be  fixed  by  an  administrative  commis- 
sion with  power  to  investigate  individual  conditions,  and  es- 
tablish the  wage  accordingly.  The  scale  should  be  flexible,  not 
static;  it  should  change  with  the  cost  of  living,  with  changing 
conditions.  This  I  believe  is  the  theory  of  the  Washington 
Statute.  It  is  the  theory  on  which,  I  understand,  the  industrial 
commission  is  organized. 

Criticisms  of  the  minimum  wage  are  based  on  the  assumption 
that  the  wage  would  be  fixed  by  law.  Many  of  these  criticisms 
vanish  with  the  substitution  of  administrative  rather  than  legis- 
lative control-  , 

I  do  not  believe  that  minimum  wage  legislation  will  solve  the 
labor  question.  To  me  that  is  only  a  half-way  measure.  It  is 
only  a  partial  recognization  of  justice.  I  believe  that  minimum 
wage  legislation  would  not  be  necessary  in  a  society  that  col- 
lected all  its  needs  from  its  own  treasure  house;  that  is  from  the 
land  values  which  society  itself  creates.  And  were  we  to  tax 
all  land  into  use,  were  we  to  put  an  end  to  the  withholding  of 
resources  from  labor,  then  labor  would  be  at  an  advantage  in  the 
struggle,  and  would  automatically  receive  the  just  return  for  its 
services.  Under  land  values  taxation,  the  advantage  which  capi' 
tal  now  enjoys  in  the  struggle  would  be  reversed,  and  labor 
would  be  in  a  position  to  demand  and  receive  what  it  produced. 


Statement  of  John  A.  Kingsbury 

I  want  to  go  on  record  as  one  strongly  in  favor  of  minimum 
wage  legislation.  It  has  been  in  force  in  Washington,  Oregon, 
Minnesota  and  Massachusetts,  long  enough  to  show  that  the 
machinery  is  workable  in  this  country,  though  the  Commissions 
are  too  recent  to  have  produced  conspicuous  results.  The  point 
is  that  the  method  works. 

We  have,  from  year  to  year,  steadily  increasing  numbers  of  de- 
pendent persons  in  my  department,  not  suddenly  this  year  more 
than  last,  but  steadily  increasing  every  year. 

Much  of  this  dependence  is  unquestionably  due  to  underpay, 
particularly  of  women  and  girls.     The  consequences  of  underpay 


710  Appendix  III 

are  so  obvious  as  hardly  to  need  enumerating,  such  as  underfeed- 
ing, comfortless,  unwholesome  dwelling  accommodations,  insuf- 
ficient clothing.  Pneumonia  running  into  tuberculosis  has  been 
a  wholesale  incident  of  winter  and  spring  among  wage  earners 
ever  since  Colonel  Waring  pointed  it  out  years  ago. 

The  burden  of  all  the  consequences  of  underpay  finally  gets 
upon  the  city.  We  have  the  hospitals  to  maintain  including  the 
tuberculosis  sanatoria  and  clinics,  and  the  wards  for  the  insane 
and  the  melancholy,  besides  all  these  patients  in  the  general 
wards,  the  primary  cause  of  whose  presence  in  the  hospitals  is 
debility.  No  one  disputes  that  poverty  is  a  continuing  predis- 
posing cause  of  all  this  chronic  and  acute  illness.  What  we  need 
to  do  is  to  try  to  stop  all  that  part  of  it  which  is  due  to  underpay. 

The  Children's  Bureau  of  this  department  carries  another 
heavy  burden  which  should  be  placed  upon  the  parents.  At  the 
present  time  we  know  in  a  general  way  that  many  of  the  parents 
are  themselves  victims  of  underpay.  A  minimum  wage  commis- 
sion should  in  a  few  years  relieve  the  Bureau  of  a  considerable 
part  of  its  work  by  leveling  up  the  lowest  grades  of  earnings. 

The  dependent  prematurely  aged  now  supported  by  the  city 
are  certainly  in  some  measure  traceable  to  precarious  underpaid 
employment.  It  behooves  us  to  apply  without  delay  a  method 
which  other  countries,  and  several  of  our  own  States,  are  already 
finding  useful  for  diminishing  the  extent  of  suffering  of  this 
kind,  and  the  financial  burdens  it  entails  upon  public  and  private 
charity. 

Why  should  not  our  industries  pay  for  themselves?  Why 
should  they  be  allowed  to  go  on  longer  creating  these  burdens? 
What  possible  ground  is  there  for  'New  York  State's  lagging  be- 
hind Massachusetts? 

YoTi  ask  as  to  the  difficulties  of  administration.  They  appear 
to  be  in  process  of  getting  successfully  overcome  in  the  States 
mentioned,  which  have  permanent  Commissions  empowered  to 
investigate  wages  and  to  create  wage  boards  within  the  different 
industries.  These  wage  boards  are  composed  of  representatives 
of  employers,  employees  and  the  general  public.  In  this  way  the 
people  are  assured  of  complete  fairness,  by  utilizing  the  knowl- 


Minimum  Wage  Symposium  711 

edge  and  experience  of  all  concerned  to  guide  the  Commission  in 
determining  rates. 

I  hope  the  record  of  the  Factory  Investigating  Commission's 
accomplishments  may  be  crowned  by  the  creation,  in  1915,  of  a 
Minimum  Wage  Commission.  New  York  City's  Department  of 
Charities  needs  such  reinforcement  and  relief. 


Statement  of  Bruno  Lasker 

1.  Attitude  of  Trade  Unions 

The  Trade  Union  movement  in  Great  Britain  is  throughout 
favorable  to  Minimum  Wage  Legislation.  Some  of  the  doubts 
which  existed  prior  to  the  enactment  of  the  Trade  Boards  Act  of 
1909  have  since  been  dispelled.  The  original  promoters  of 
minimum  wage  legislation,  namely,  the  Anti-Sweating  League, 
have  done  and  are  doing  everything  in  their  power  to  organize 
the  workers  in  the  respective  industries  and  to  see  to  it  that  they 
are  effectively  represented  on  the  wage  boards.  Most  of  the  trades 
so  far  scheduled  are  trades  in  which  there  are  a  large  number  of 
home  workers,  chiefly  women,  who  previously  to  the  formation 
of  the  trade  board  have  in  most  cases  been  unorganized.  Owing 
to  the  efforts  of  the  Anti-Sweating  League  and  the  Women's 
Labor  League,  sweated  workers  are  now  efficiently  organized  and 
led  for  the  purpose  of  the  wage  boards  and,  in  some  cases  which 
have  come  to  my  knowledge,  at  any  rate,  are  as  well  represented 
as  the  employers.  It  should  be  noted  that  the  trade  union  move- 
ment in  Great  Britain  differs  somewhat  from  the  American,  and 
that  the  efforts  of  the  national  trade  union  organization  are  not 
as  much  as  those  of  the  American  Federation  of  Labor  directed  in 
the  interests  of  the  more  skilled  and  better  paid  classes  of 
artisans.  The  British  trade  union  movement  has  frequently 
made  great  sacrifices  on  behalf  of  the  unskilled  and  sweated 
workers,  and  is  looking  upon  legislative  questions  just  as  much 
from  their  point  of  view  as  that  of  the  most  highly  paid. 


712  Appendix  III 

2.  Tlie  objection  that  the  minimum  wage  will  tend  to  become 

a,  standard  or  maximum,  wage 
It  is  too  earl  J  as  yet  to  judge  the  ultimate  effects  of  imnimum 
wage  legislation  in  Great  Britain ;  but  so  far  there  have  been  no 
signs  at  all  that  the  declaration  of  a  minimum  wage  in  a  given 
trade  hinders  the  general  upward  tendency  of  wages.  This  may 
possibly  be  due  chiefly  to  the  fact  that  British  legislation  has 
been  limited  definitely  to  the  case  of  the  sweated  worker  and 
that  it  has  not,  as  has  Australian  legislation,  affected  the  wages 
of  large  numbers  of  men.  Also  the  scheduling  of  new  trades  has 
coincided  with  general  good  trade.  In  the  scheduled  trades, 
wages  during  the  last  few  years  seem  to  have  increased  all  around, 
that  is,  not  only  in  those  branches  to  which  the  law  applies.  On 
the  whole,  it  may  be  said  that  the  determination  of  minimum 
wage  acts  very  much  in  the  same  way  as  the  declaration  of  a 
standard  rate  of  wages  by  a  trade  union ;  both  tend  to  become  the 
normal  rather  than  the  minimum. 

3.  Difficulties  of  enforcement 

The  number  of  cases  brought  into  court  by  the  inspectors  of 
the  Board  of  Trade  has  not  been  large.  It  is  probable  that  at 
first  there  was  a  certain  amount  of  evasion,  but  this  cannot  have 
been  large,  owing  to  the  vigilance  of  the  whole  trade  union  move- 
ment. The  reason  why  the  British  legislation  does  not  lead  to 
evasion  is  chiefly  that  the  wage  determined  upon  in  each  case  is 
not  imposed  upon  the  trade  from  without,  but  is  the  result  of  free 
discussion  between  employers  and  employees.  When,  after  weeks 
of  haggling  between  the  two  parties,  a  schedule  of  minimum 
wages  is  at  last  fixed,  it  usually  represents  a  compromise,  and 
loyal  adherence  t-o  it  is  expected  and  given.  I  am  informed  by 
men  who  are  in  close  touch  with  the  working  of  the  act,  that  its 
enforcement  would  probably  become  more  difficult  if  it  were 
rapidly  applied  to  a  great  number  of  trades  representing  a  con- 
siderable variety  of  conditions.  Only  four  trades  were  scheduled 
in  the  first  instance,  and  four  have  been  scheduled  this  year 
(1914),  the  total  number  of  workers  affected  being  about  400,- 
000.  Many  reformers  believe  that  at  the  present  rate  of  progress 
it  would  take  far  too  long  to  secure  a  living  wage  for  the  great 


Minimum  Wage  Symposium  Y13 

majority  of  sweated  workers.  But  their  demand  for  more  rapid 
progress  is  coupled  with  proposals  for  changes  in  the  adminis^ 
trative  machinery.  At  present,  for  instance,  there  is  considerable 
delay  owing  to  the  fact  that  the  legal  department  of  the  Board  of 
Trade  is  separate  from  the  Trade  Board  Department.  It  would 
take  too  long,  with  this  system,  to  bring  into  court  large  numbers 
of  evasions. 

4.  Displacement  of  labor 

As  far  as  I  have  been  able  to  find  out,  down  to  the  outbreak 
of  the  war,  the  state  of  employment  in  each  of  the  scheduled  trades 
was  higher  than  before  the  enactment  and,  as  a  matter  of  com- 
mon knowledge,  each  of  the  industries  was  sharing  the  general 
boom  through  which  we  have  been  passing.  Employers'  or- 
ganizations appear  to  have  used  this  law  to  strengthen  their 
organizations  and  to  bring  in  large  numbers  of  small  employers 
who  were  previously  standing  out.  These  men,  undercapitalized, 
using  inadequate  and  slip-shod  methods  of  production,  and  under- 
paying their  workers,  were  often  also  undercutting  prices;  and 
although  unable  to  compete  successfully  with  the  larger  and  more 
modern  establishments  in  their  branch  of  industry,  they  were  a 
constant  source  of  irritation.  It  appears  that  the  necessity  of 
having  their  interests  represented  on  the  Wage  Board,  has  driven 
these  small  employers  in  large  numbers  into  their  trade  organiza- 
tions ;  and  in  consequence,  the  trade  papers,  which  one  would 
expect  to  be  most  hostile  to  the  act,  are  as  a  matter  of  fact  accept- 
ing it  with  very  good  grace.  The  act  itself  provides  for  exemp- 
tions in  the  case  of  slow  and  inefficient  workers.  If  the  schedul- 
ing of  the  trades  had  coincided  with  a  period  of  industrial  de- 
pression it  is  possible  that  one  would  have  heard  more  of  the  loss 
of  employment  on  the  part  of  the  subnormal  workers,  but  under 
the  circumstances  the  provisions  in  the  law  were  quite  sufficient 
to  prevent  any  considerable  hardships  from  arising.  It  is  im- 
portant to  note  that  none  of  the  trades  scheduled  in  1909  are 
protected  against  foreign  competition. 

5.  Basis  for  calculation  of  minimum  wage 

The  act  does  not  lay  down  any  hard  and  fast  rules  concerning 
the  considerations  upon  which  the  determination  of  minimum 


714  Appendix  III 

wages  should  be  based.  It  is  interesting  to  observe  that  in  spite 
of  this  absence  of  a  definite  rule,  the  determinations  of  the  Wage 
Boards  in  practice  approximate  very  nearly  a  standard  which 
scientific  theorists  regard  as  a  bare  "  living "  wage.  Although 
usually  piece  rates,  they  work  out,  under  normal  conditions  and 
with  customary  hours  of  work  in  the  respective  trades,  as  weekly 
income  sufiicient  in  the  case  of  adult  women  to  maintain  a  bare 
but  independent  existence ;  and  sufficient,  in  the  case  of  adult  men, 
to  maintain  in  a  state  of  physical  efficiency,  though  extremely 
frugal  comfort,  a  family  of  normal  size.  For  juvenile  workers 
the  minimum  rates  of  wages  are  graded  according  to  age. 

Although  obviously  far  from  satisfying  the  demands  of  organ- 
ized labor,  the  decisions  of  the  Wage  Boards  so  far  published  seem 
to  conform  with  the  immediate  demand  of  public  opinion  for  the 
abolition  of  "  sweating."  The  rise  of  wages  in  each  of  the  occupa- 
tions concerned  has  been  substantial,  in  some  cases  amounting  to 
thirty  and  fifty  per  cent,  of  the  wage  previously  paid,  and  in 
others  with  a  more  or  less  agreed  assumption  of  revision  and  addi- 
tional rises  in  the  near  future. 

The  cost  of  living  in  each  case  has  been  taken  into  considera- 
tion, but  it  has  neither  been  worked  out  scientifically  or  been 
accepted  as  the  only  factor  upon  which  to  rest  the  decision. 


Statement  of  Owen  R.  Lovejoy 

I  can  state  in  few  words  my  opinion  about  minimum  wage 
legislation. 

1.  (a)  I  believe  in  such  legislation  on  the  ground  that  it  is  the 
duty  of  the  State  to  use  its  power  to  protect  the  health  and  safety 
of  its  citizens.  A  sub-normal  wage  is  as  direct  a  menace  to  both 
health  and  safety  as  sub-noi-mal  sanitary  standards. 

(b)  Not  only  the  employee  but  the  employer  deserves  protec- 
tion against  the  short-sighted  policy  of  low  wages.  The  com- 
petition of  those  who  under-pay  is  a  direct  and  subtle  snare  in 
the  way  of  the  employer  who  believes  in  and  seeks  to  practice 
justice  toward  his  employees. 

(c)  A  minimum  wage  will  directly  tend  to  absorb  in  industry 


Minimum  Wage  Symposium  Y15 

that  part  of  the  army  of  unemployed  who  are  able  and  efficient 
because  the  inefficient  will  be  discarded  more  readily  when  their 
inability  to  earn  the  wages  specified  is  demonstrated.  Although 
the  State  may  fix  a  minimum  wage,  it  obviously  cannot  force  an 
employer  to  engage  the  services  of  any  given  worker,  therefore  a 
more  discriminating  policy  will  follow. 

This  consideration  may  appear  as  an  objection  to  the  minimum 
wage  because  of  philanthropic  interest  in  those  who  are  thrown 
out  of  positions.  The  answer  is  that  society  has  to  bear  the  bur- 
den of  these  anyway,  and  it  may  be  well  be  borne  direct  as  through 
the  devious  channels  that  now  undertake  to  care  for  the  incom- 
petent and  unemployable. 

2.  As  to  the  extent  to  which  a  minimum  wage  law  should  be 
enacted.  In  my  judgment,  the  first  consideration  should  be  given 
to  those  industries  in  which  the  labor  of  women  and  children  pre- 
dominates, since  they  are  the  industries  that  end  most  directly  to 
fall  below  a  reasonable  wage  standard.  But  it  should  also  include 
industries  employing  men  where  investigation  proves  that  the 
wage  scale  does  not  afford  a  reasonable  standard  of  living. 

3.  I  believe  the  law  should  provide  for  a  minimum  wage  com- 
mission representing  employers,  employes  and  the  public,  and 
that  this  commission  should  have  power  to  appoint  minimum  wage 
boards  for  the  different  industries.  I  am  opposed  to  any  law 
which  would  seek  to  fix  a  flat  minimum  wage. 

Such  a  plan  would  be  undemocratic  and  out  of  harmony  with 
our  American  ideas  of  self-government.  Furthermore,  it  might 
at  times  be  oppressive  either  upon  the  employers  or  the  employees 
depending  upon  conditions  in  industry  and  upon  actual  cost  of 
living. 

Neither  do  I  believe  a  State  official  should  be  appointed  with 
power  to  fix  a  minimum  wage.  This  would  be  conferring  upon 
a  single  individual  more  than  his  intelligence  or  character  could 
well  bear,  and  wages  would  be  arbitrarily  fixed  according  to  his 
judgment  or  bias,  and  without  due  regard  for  all  parties  con- 
cerned. The  commission  plan  is,  in  my  judgment,  the  only  defen- 
sible plan,  and  offers  possibility  of  endless  readjustments  to  fit 
into  the  varying  conditions  among  industries,  and  the  constant 
fluctuations  in  any  given  industry. 


716  Appendix  III 

Statement  of  George  R.  Lunn 

I  will  outline  briefly  some  of  the  reasons  why  I  think  minimum 
wage  laws  should  be  enacted  in  this  State.  I  start  with  the 
premise  that  the  State  in  all  legislation  should  have  as  its  eon- 
trolling  aim  the  welfare  of  the  whole  people.  I  also  hold  that 
laws  are  nothing  more  than  standards  for  educating  the  people. 
In  the  interest  of  the  whole  people  no  particular  group  should  be 
allowed  to  be  exploited,  but  so  long  as  exploitation  is  part  of  our 
system,  definite  regulation  is  essential  for  the  common  good. 

A  minimum  wage  for  men  and  women  fixes  a  definite  standard, 
below  which  no  greedy  employer  is  allowed  to  go.  Failure  to 
enact  minimum  wage  legislation  leaves  the  manufacturer  and 
other  employers  free  to  exploit  the  men  and  women  to  such  a  point 
as  to  ultimately  endanger  the  whole  State. 

The  fact  that  minimum  wage  legislation  has  proved  to  be  a 
success  in  other  countries  is  a  strong  reason  why  New  York  State 
should  follow  in  line  with  the  trend  toward  advance  legislation. 

We  would  gain  a  great  deal  if  we  would  continually  realize  that 
wherever  inadequate  wages  are  paid,  the  State  is  the  ultimate 
loser.  The  persons  underpaid  must  live  or  slowly  starve.  If  they 
slowly  starve,  that  is,  are  continually  physically  unfit  by  reason  of 
low  wages,  they  deteriorate  absolutely  and  the  State  is  losing  in 
the  quality  of  its  people  to  that  extent.  Some  day  we  will  realize 
that  the  chief  asset  of  the  State  is  the  quality  of  its  people.  The 
suggestion  I  have  here  made  will  have  more  weight  then  than  now. 
If  a  person  is  determined  to  exist  and  not  slowly  starve,  some  one 
else  will  have  to  supply  the  deficiency.  In  the  case  of  girls  in 
department  stores,  for  instance,  the  chance  is  that  their  parents 
have  to  make  up  this  difference,  which  is  equivalent  to  the  State 
allowing  the  employer  to  exploit  not  only  the  girl,  but  the  family 
as  well. 

The  two  or  three  thoughts  I  have  outlined  suggest  in  brief  the 
justice  of  establishing  a  minimum  wage.  Industrial  conditions 
in  our  country  are  at  the  present  time  decidedly  threatening. 
Ameliorative  laws  must  be  passed  as  a  mere  matter  of  safety,  if 
nothing  more.  When  the  higher  motive  of  justice  dominates  all 
legislation,  then  will  the  common  good  of  the  whole  people  be 
considered  of  paramount  importance. 


Minimum  Wage  Symposium  717 

I  trust  the  Commission  will  be  able  to  make  some  definite 
recommendations  for  remedial  legislation  of  a  fundamental 
character.  We  are  traveling  very  rapidly  just  now  toward  great 
changes  in  our  ideas  regarding  industrial  affairs.  What  we  need 
just  now  is  not  momentum,  but  steering. 


Statement  of  D.  J.  McMahon 
Cause  of  Poverty 

The  causes  which  lead  to  poverty  and  keep  so  many  in  its 
toils  dependent  for  subsistence  upon  charity  have  for  years  been 
classified  under  the  two  heads  of  "  Misfortune "  and  "  Miscon- 
duct." Latterly,  however,  with  deeper  study  of  the  items  which 
have  been  classed  under  "  Misfortune  "  a  third  division  has  been 
made  of  "  Industrial  Causes."  Under  this  head  comes  unem- 
ployment, inefficiency,  and  insufiicient  wage  for  labor.  Under 
this  caption  comes  an  immense  army  who  have  hitherto  fallen 
upon  the  efforts  of  charitable  workers  to  keep. 

The  study,  however,  of  these  three  sub-divisions  shows  that 
their  alleviation  belongs  to  justice  rather  than  charity.  They 
have  so  many  phases  that  the  solution  and  settlement  in  justice 
must  be  left  to  the  State.  Being  a  question  of  justice  and  conse- 
quently of  dealings  with  others  in  so  many  fields  of  activity  the 
social  worker  must  ask  the  State  to  act  for  settlement  of  the  im- 
proper adjustments  that  have  resulted  in  so  much  distress.  The 
public  is  a  third  party  interested  in  all  these  problems  between 
master  and  man  and  no  longer  can  stand  disinterested  in  these 
problems  of  public  welfare. 

The  State  has  already  done  much  in  this  line  and  the  history 
of  this  Factory  Investigating  Commission  has  shown  how  many 
are  the  needs  to  bring  about  a  true  equilibrium. 

As  the  years  advance  the  study  of  many  causes  of  dependency 
has  shown  that  the  burdens  placed  upon  charitable  shoulders 
should  be  transferred  to  commerce.  The  sickness  and  conse- 
quent dependency  which  long  hours  and  other  such  causes  have 
thrown  upon  charity  have  found  in  great  part  the  rightful  place 
for  adjustment. 


718  Appendix  III 

A  gratifying  advance  has  been  made  towards  the  realization  of 
human  standards  in  recent  years  and  we  are  drawing  away 
gradually  from  forming  that  sodden  mass  of  deep  set  poverty 
existing,  as  has  been  pictured  to  us  in  parts  of  London  and 
toward  which  we  were  surely  approaching  owing  to  the  want  of 
exercise  in  full  justice. 

The  laws  which  related  to  child  labor,  safety  and  sanitation, 
to  shorter  work  hours  for  men  and  women,  to  remove  the  dan- 
gers in  the  poisonous  trades,  and  to  the  highly  prized  workmen's 
compensation,  have  won  plaudits  from  all  classes  and  we  trust 
the  day  will  not  be  long  distant  when  that  great  prize  of  the 
minimum  wage  shall  be  established  and  thus  place  upon  the 
shoulders  of  justice  what  charity  has  had  so  long  to  bear. 

The  other  sub-divisions  named,  unemployment  and  inefficiency, 
have  had  attention  drawn  to  them  and  with  time  a  proper  solu- 
tion will  be  obtained.  A  hard  winter  is  drawn  for  the  charity 
societies  this  year  owing  to  the  war,  but  how  much  will  it  be  re- 
lieved if  this  measure  of  minimum  wage  becomes  operative! 
Not  only  for  the  present,  but  for  long  years  to  come  will  it  be  a 
boon. 

It  has  long  been  a  crying  evil  that  charity  should  have  aided 
the  selfishness  of  the  few  who  have  prevented  justice  from  its 
rightful  share,  for,  in  depriving  the  workers  of  proper  wage,  the 
difference  was  either  kept  in  whole  or  part  as  profit  or  perhaps 
the  product  was  sold  so  cheaply  that  the  public  gained  without 
knowing  the  injustice  inflicted.  Your  factory  inspection  com- 
mission is  entitled  to  the  greatest  sentiments  of  respect  and  re- 
gard for  the  thirty-two  splendid  measures  that  have  been  so  far 
enacted  for  the  benefit  of  the  workers  and  must  win  the  venera- 
tion and  greatest  love  when  in  this  Empire  State  the  minimum 
wage  shall  be  adopted  through  your  endeavors  and  make  so  many 
thousands  free  from  charity  or  evil  doing  and  raise  their  heads 
because  of  the  justice  done  them  in  making  them  feel  that  their 
personal  dignity  has  been  recognized. 

Many  blessings  have  been  established  and  many  more  are  still 
required  that  all  should  gain  their  living  from  the  bounty  of  the 
earth,  and  keep  up  their  true  place  among  men.     But  these  and 


Minimum  Wage  Symposium  719 

the  greater  benefit  of  stability  in  tbeir  livelihoods  await  the  pas- 
sage of  this  minimum  wage  which  will  be  a  generous  porter  to 
open  all  of  them  to  a  grateful  people. 

Extent 

The  extent  of  the  evils  to  which  the  absence  of  the  minimum 
wage  reaches  is  a  wide  area  to  be  measured  only  by  your  efforts. 
In  its  intensity  there  is  a  wholesale  poverty,  sickness,  inefficiency, 
despondency,  crime  open  and  private,  degradation  and  constant 
revolting  against  authority  even  to  the  growth  of  anarchy  and  re- 
bellion. 

It  forms  the  soil  from  which  Socialism  in  its  wildest  forms 
will  breed  with  the  years  until  public  safety  shall  be  in  the  bal- 
ance. These  effects  will  surely  come  if  its  extension  be  not 
checked  by  proper  authority.  It  is  the  result  of  unchecked 
selfishness  which  looks  only  to  the  present  profit. 

We  know  that  wages  vary  with  sex,  age  and  location,  but  ac- 
cording to  Nearing  — "  Wages  in  the  United  States  " —  one-haK 
of  our  adult  males  are  receiving  less  than  $500  a  year  and  that 
60  per  cent,  of  adult  females  are  receiving  less  than  $325  a  year. 
Your  own  investigations  show  how  far  from  a  suited  wag©  is  the 
return  to  women  and  children  for  their  labor. 

The  greatest  field  of  unrighteous  wage  is  in  the  retail  trade 
stores,  be  they  of  the  larger  or  smaller  type,  in  the  work  which  is 
done  either  in  tenement  house  or  in  the  sweat  shop  or  in  the  fac- 
tory or  mill.  There  are  numbers  of  places  which  minimize  the 
emplo}Tnent  of  men  substituting  boys  and  girls  at  less  than  liv- 
ing wages.  To  the  casual  observer  the  evils  do  not  appear  be- 
cause of  youth,  of  irresponsibility  on  one  side  and  the  defenceless- 
ness  of  the  employees  on  the  other. 

It  has  been  established  that  there  is  a  lack  of  standards  for  the 
regulation  of  wages  and  a  consequent  reduction  for  the  profit  of 
the  master  without  much  regard  to  the  fact  that  tuberculosis  and 
other  diseases  incident  to  the  poorly  nourished  worker  are  rife 
among  these  workers  who  are  seeking  help  from  hospitals,  and 
charitable  care. 

With  the  curtailing  of  work  in  the  tenement  a  rich  field  of 
sickness  and  starvation  has  been  cut  off.     There  was  the  under- 


720  Appendix  III 

paid  worker  engaged  day  and  night  in  spinning  out  the  thread  of 
life  for  a  most  miserable  existence  and  to  the  unfailing  detriment 
of  the  future  generations  coming  therefrom. 

These  poor  people  because  of  their  inability  to  unite  on  a 
stable  basis  have  borne  this  evil  and  would  continue  to  eke  out 
their  ignoble  existence  did  not  our  State  step  in  to  aid  them. 
The  difference  in  language,  race,  religion,  sex  and  age  has  ever 
prevented  them  from  joining  and  keeping  together  for  their  pro- 
tection and  advancement.  All  hail  to  your  worthy  Commission 
for  not  only  uncovering  but  exposing  this  unholy  evil.  We  have 
had  it  ever  since  Hood's  "  Song  of  the  Shirt,"  and  will  continue 
until  with  the  love  of  justice  and  humanity  you  will  pass  the 
proper  l^slation. 

Not  only  from  these  thousands  of  workers  will  your  praise  be 
sounded,  but  the  general  public  will  be  glad  to  co-operate  in 
bringing  happiness  to  these  exploited  workers.  It  needs  but  the 
explanation  and  those  not  interested  in  the  profits  will  be  glad  to 
see  justice  done. 

Employers 

Every  step  along  the  line  of  helping  these  workers  whether  in 
the  matter  of  hours,  of  sanitation,  has  been  ever  met  by  the  de- 
termined opposition  of  employers  and  for  many  years  have  they 
retarded  the  advances  so  far  made.  More  bitterly  intense  is 
likely  to  be  their  resentment  against  this  betterment  measure. 

Many  are  opposed  because  they  think  it  will  not  be  profitable  to 
themselves.  If,  indeed,  they  have  been  making  profits  out  of  the 
undue  wearing  out  of  the  flesh  and  blood  of  men  and  women, 
should  they  not  in  all  justice  be  stopped  in  such  unrighteous 
ways. 

Many  will  oppose  such  advance  for  even  if  the  raise  would 
make  more  efficient  workers  or  would  increase  the  output,  they 
will  demur  against  the  extra  outlay  necessary  for  this  advance. 
They  would  keep  their  industries  in  their  sub-normal  conditions 
even  though  their  names  would  have  to  be  at  the  head  of  lists  of 
charitable  donors,  to  meet  the  consequences. 

The  minimum  wage  will  mean  a  reorganization  in  the  methods 
of  labor  in  these  industries  that  will  lead  to  the  attainment  of 


Minimum  Wage  Symposium  721 

greater  efficiency  and  will  effectually  banish  from  tenement 
homes  the  industries  that  now  are  stealthily  active  and  put  them 
under  the  saving  laws  operative  in  store  and  factory. 

The  sentiment  and  wish  of  those  who  are  profitably  engaged  in 
the  present  "  statu  quo  "  must  rightly  submit  to  the  popular  senti- 
ment. There  is  a  power  higher  than  profits,  there  is  a  force 
stronger  than  might  in  our  land  and  that  is  Right.  The  public 
is  interested  and  before  it  the  opposing  individual  must  succumb 
and  yield  to  the  majority  at  least  in  action. 

Public  Sentiment 

It  has  taken  some  time  to  awaken  the  public  to  the  injustice 
and  inhumanity  of  the  present  conditions.  The  cry  of  the 
Socialists  has  been  loud  in  the  land  and  the  knowledge  of  the  evil 
has  been  well  spread.  It  is  not,  however,  enough  to  enlighten 
the  intellect;  there  must  also  be  some  additional  power  to  move 
the  will  to  action  and  still  more  to  concerted  action.  We  may  be 
touched  by  the  injuries  that  have  been  the  consequence,  but  for 
the  steady  persevering  action  to  remove  the  evil  more  than  mere 
theoretic  knowledge  is  demanded.  The  feelings  must  be  moved 
and  we  can  see  by  general  action  that  the  righteous  movement  is 
widely  spread. 

Through  the  constant  cry  of  the  Socialist,  through  the  silent 
wail  of  the  underpaid,  the  sentiment  has  reached  the  public  and  to 
win  popular  favor  the  satisfaction  of  this  demand  for  a  minimum 
wage  and  other  accompaniments  of  such  legislation  have  been 
made  the  banner  cry  of  the  new  Progressive  party,  looking  for- 
ward for  its  own  interests. 

Since  this  law  was  passed  in  the  English  Parliament  in  1910, 
the  agitation  has  been  more  active  in  our  land  so  that  three  bills 
have  been  introduced  in  Congress  to  make  a  federal  law  estab- 
lishing the  minimum  wage  at  least  for  women.  I  do  not  know 
how  many  States  are  studying  the  question  through  Commissions. 
It  is  stated  that  seven  States  have  passed  the  matter  into  some 
sort  of  trial  and  that  five  at  least  have  adopted  the  matter  en- 
tirely. 

The  subject  of  wages  has  been  hitherto  considered  too  sacred 
to  be  touched  by  the  legislator.     The  other  accompaniments,  such 


722  Appendix  III 

as  the  daily  hours,  the  sanitary  condition  of  shops  appeared  to  be 
within  the  province  of  their  powers,  but  that  sacred  regard  has 
been  cast  aside  when  we  have  such  States  as  Massachusetts  and 
California  passing  the  law  of  adequate,  compulsory  and  mini- 
mum wage  laws  for  men  and  women. 

Our  economic  phase  of  life  in  early  times  was  dominated  much 
by  our  political  existence,  and  freedom  in  all  things  was  the 
thought  that  ruled  at  the  period  when  the  Constitution  was 
adopted  and  this  was  almost  coeval  with  the  change  to  factory  and 
shop  from  the  homes  which  brought  about  the  development  of  the 
present  system  of  capital  and  labor.  Our  economic  life  in  re- 
lation to  the  State  from  the  beginning  was  naturally  in  accord 
with  the  prevailing  view  that  individual  and  social  welfare  was 
best  protected  by  competition  so  that  freedom  should  prevail 
throughout. 

Competition  under  the  "  laissez  f  aire  "  policy  continued  until 
now  and  the  State  did  not  interfere  except  to  prevent  fraud  and 
theft.  This  system  has  been  found  wanting  on  many  sides  and 
if  left  still  unchecked  by  the  legislature  we  know  not  how  near 
to  slavery  and  inhumanity  on  one  side  or  anarchy  and  revolution 
on  the  other  would  be  the  result.  If  all  men  were  truly  equal  in 
perfect  mental  and  moral  make  up,  the  principle  might  indeed 
prevail,  but  we  have  seen  that  the  inhumanity  of  man  to  man 
will  show  itself  when  the  spirit  of  selfishness  becomes  dominant 

If  we  have  justly  passed  laws  regulating  the  hours  of  work, 
the  safety  and  sanitation  in  work,  in  regard  to  monopoly,  etc., 
why  should  we  hesitate  to  prevent  by  legislation  the  hardships, 
and  injuries  and  degradation  which  are  the  consequences  of  the 


improper  wages 


Wages  in  the  past  have  been  regulated  by  authorities  such  as 
the  gilds  or  by  the  justices  to  whom  such  subjects  were  referred 
by  them.  Why  then  should  the  legislature  hesitate  to  reassume 
this  duty  that  belonged  to  it  prior  to  the  silent  assumption  of  the 
laissez  faire  policy  without  any  right.  "  The  powers  not  granted 
in  the  Constitution  to  the  United  States  nor  prohibited  to  the 
States  are  reserved  to  the  States."  Surely  the  prevention  of  evils 
presented  by  the  improper  wages  and  the  advancement  of  the 
public  welfare  of  so  many  citizens  demands  such  action.     The 


Minimum  Wage  Symposium  723 

laissez  faire  policy  in  this  connection  has  resulted  disastrouslj' 
and  has  no  reason  for  further  continuance. 

No  longer  will  labor  be  considered  a  commodity  to  be  pur- 
chased at  the  lowest  price  but  that  beside  the  commercial  element 
there  is  the  personal  element  so  well  elaborated  by  Pope  Leo 
XIII  that  requires  the  minimum  wage. 

The  sacred  quality  of  man's  personality  since  he  comes  from 
the  hand  of  God  requires  his  right  to  subsistence.  This  right 
goes  further  to  a  reasonable  life  for  his  dignity,  personality,  de- 
mand that  he  shall  live  as  a  man  and  not  as  an  animal.  His 
faculties  must  be  developed  and  his  human  nature  must  have 
play  to  advance  according  to  ability.  It  is  a  natural  right  and 
like  all  primitive  rights  comes  with  nature  and  does  not  prove  its 
existence,  but  shows  its  demands. 

The  right  is  not  equal  in  extension  in  all  for  it  is  measured 
by  the  individual  powers  and  needs,  though  all  be  equal  in  per^ 
sonal  dignity.  The  condition  is  attached  ordinarily  that  these 
rights  shall  have  full  play  when  the  concomitant  duty  of  labor  is 
properly  fulfilled,  for  "  in  the  sweat  of  thy  face  must  thou  eat 
thy  bread."  This  labor  must  then  receive  that  compensation  by 
earliest  right,  which  will  give  to  man  the  chance  of  filling  his 
place  among  men  in  decent  order. 

This  reasoning  applies  to  women  and  children  who  are  forced 
to  work  without  detriment  to  themselves.  Since  they  live  by 
their  labor  it  should  ensure  them  a  decent  living.  Children  are 
usually  in  their  family  and  as  such  are  considered  in  apportion- 
ing their  share  of  wages.  There  should  be  some  standard  es- 
tablished for  their  proper  wage.  When  they  are  engaged  in 
piece  work  it  can  be  easily  done,  but  when  the  work  has  not  such 
a  definite  result  it  should  have  nevertheless  a  fixed  standard  of  a 
just  and  equitable  wage  —  never  lower  than  the  minimum  wage. 

Courts 

The  passage  of  such  legislation  is  not  only  approved  by  public 
opinion,  but  has  the  authority  of  many  judicial  opinions  in  its 
favor.  Some  States  have  already  passed  it  to  the  law  books  and 
the  court  decisions  in  its  favor  can  be  found  in  many  others. 


7^  Appendix  III 

Thus  in  the  nefw  State  of  Washington  the  statute  reads :  "  The 
welfare  of  the  State  of  Washington  demands  that  women  and 
minors  be  protected  from  conditions  of  labor  which  have  a  perni- 
cious effect  upon  their  health  and  morals.  The  State  of  Wash- 
ington therefore  exercising  herein  its  police  power  and  sovereignty 
declares  that  inadeqiLate  wages  and  unsanitary  conditions  of 
labor  exert  such  pernicious  effect,  etc.,  etc."  Other  States  of 
older  ages  could  be  quoted  in  similar  strains. 

From  the  action  of  the  Supreme  Court  of  Illinois  in  two  dif- 
ferent cases,  we  can  see  how  the  reading  of  the  judges  has  varied. 

In  1895  the  judges  forbade  all  judicial  restrictions  upon  the 
working  hours  of  women  and  would  not  consider  the  sex  in  mat- 
ter of  working.  On  the  sanie  bench  in  1909  the  judges  limited 
women's  working  hours  to  ten  in  twenty-four  and  distinctly  re- 
garded the  sex  in  work.  This  shows  the  general  tendency  to  read 
differently  in  the  light  of  events  the  right  of  so-called  free  con- 
tract and  to  recognize  that  the  public  welfare  as  a  third  party  in 
the  contract  is  to  be  considered.  Society  is  formed  for  the  wel- 
fare of  its  individual  members  and  when  these  do  not  receive 
proper  treatment  or  just  recognition,  then  will  the  past  reading 
of  the  law  be  changed  into  one  more  suitable  to  the  present  con- 
ditions. In  the  past  the  law  has  enforced  the  sanctity  of  free 
right  of  contract  but  a  wider  discretion  is  given  by  the  legisla- 
tures than  this  strict  interpretation. 

The  liberal  interpretation  is  being  gradually  brought  about  not 
by  any  constitutional  principle,  but  by  shifting  the  emphasis  from 
one  element  to  another.  Individual  freedom  of  contract  subject 
to  modification  for  the  general  good  is  now  the  reading  of  this 
law.  The  courts  used  to  lay  stress  on  the  individual  freedom  of 
contract  part,  now  the  stress  i?  being  laid  more  and  more  on  the 
public  welfare  part. 

This  change  is  clearly  seen  in  the  two  decisions  mentioned 
above  where  the  question  of  contract  and  women's  work  is  de- 
cided in  this  different  manner.  The  difference  is  very  clear  as 
each  is  drawn  out  to  the  fullest. 

The  Supreme  Court  of  Washington,  D.  C,  in  some  instances 
in  the  past  five  years  has  given  it-s  verdict  according  to  this  larger 
view.     In  sustaining  the  ten-hour  working  day  for  women  in 


Minimum  Wage  Symposium  725 

Oregon,  it  states,  "  In  the  early  history  of  the  law  when  employ- 
ments were  few  and  simple,  the  relative  conditions  of  the  citizen 
and  the  State  were  different  and  many  employments  and  uses 
which  were  then  considered  inalienable  rights  have  since  from 
the  very  necessity  of  changed  conditions  been  subjected  to  legis- 
lative control,  restriction  and  restraint.  The  changing  condi- 
tions of  society  have  made  an  imperative  call  upon  the  State  for 
the  exercise  of  these  additional  powers  and  the  welfare  of  society 
demands  that  the  State  should  assume  these  powers,  and  it  is  the 
duty  of  the  court  to  sustain  them  whenever  it  is  found  that  they 
are  based  upon  the  idea  of  the  promotion  and  protection  of  so- 
ciety." 

The  ISTew  York  legislature  in  accordance  with  the  requests  of 
your  Commission  has  passed  into  effect  many  laws  looking  to 
the  benefit  of  working  people  and  should  now  cap  the  arch  of 
public  welfare  with  this  law  of  the  minimum  wage  and  thus 
give  to  so  many  individuals  the  chance  of  decent  life  and  build 
up  the  welfare  of  these  citizens. 

Objections  without  doubt  will  be  urged  against  such  measure, 
but  in  the  light  of  the  greater  good  and  public  welfare  which  ac- 
cording to  legal  opinions  must  have  first  place,  those  whose  profits 
are  affected  may  be  put  aside. 

Wage  Boards 

The  passage  of  the  law  establishing  the  minimum  wage  re- 
quires the  further  measure  of  some  board  by  which  the  law  will 
be  carried  into  effect.  The  working  people  who  are  to  be  chiefly 
benefited  by  this  wage  cannot  for  a  long  period  be  brought  into 
unions  to  see  to  its  proper  enforcement.  Hence  some  wage  board 
must  be  established.  This,  however,  will  not  be  so  serious  a 
matter  as  our  State  Labor  Department  has  had  more  difficult 
propositions  to  handle  during  the  past  years. 

Massachusetts  gives  us  an  example  in  this  matter  and  from 
Australia  can  we  learn,  for  such  a  board  has  been  for  many  years 
in  action  there.  This  is  a  board  composed  of  employers  and 
employees  in  a  trade  together  with  some  disinterested  people  who 
would  represent  the  general  public  or  some  representative  from 
our  Labor  Department  which  has  more  experience  in  such  matter, 


726  Appendix  III 

as  in  its  Bureau  of  Arbitration,  etc.  No  employer  would  be  pre- 
vented from  paying  more  than  the  wages  fixed  by  the  Board  but 
could  not  pay  less  under  penalty  of  the  law. 

The  success  in  Australia  shows  its  possibility  for  at  the  be- 
ginning there  were  only  six  boards,  but  the  number  steadily  in- 
creased until  it  has  reached  forty  and  some  of  these  have  been 
introduced  by  the  action  of  the  employers. 

Something  of  the  very  same  system  has  been  established  in 
England  to  carry  out  the  wage  law  passed  in  1910.  There, 
however,  its  greatest  operations  are  among  the  home  trades  or 
tenement  house  work  where  it  is  most  needed. 

There  is  in  both  places  a  Court  of  Appeals  for  the  full  work- 
ing out  of  the  system  by  which  this  board's  decisions  may  be  re- 
vised under  certain  proper  conditions. 

This  wage  board  could  extend  its  sway  to  all  occupations  even 
in  those  that  are  banded  into  trade  unions.  In  Massachusetts 
these  have  taken  the  initiative  in  obtaining  such  a  board.  Where 
there  is  no  trade  union  or  banding  together  of  the  employees, 
there  will  be  some  difficulty  in  the  start.  As  in  fixing  the  proper 
rate  the  public  must  come  in  between  the  employer  and  the  work- 
man so  in  maintaining  the  law  the  public  should  have  its  repre- 
sentative. This,  however,  is  obtained  in  placing  a  representa- 
tive of  the  Labor  Department  as  stated  above  who  would  thus  be 
qualified  as  a  representative  of  the  State  and  an  expert  of  labor 
matters. 

The  board  would  naturally  take  charge  of  fixing  the  status  of 
those  who  are  inefficient  from  age  or  sickness  and  distributing 
them  among  the  employers  in  some  equitable  measure  and  per- 
mit a  wage  proportionate  to  their  handicap. 

Finally,  even  if  some  of  the  workers  should  be  thrown  out  of 
work  it  will  force  us  to  meet  this  proposition  of  unemployment  in 
a  more  comprehensive  way.  We  must  come  to  it  sooner  or  later 
and  the  sooner  the  better,  for  at  all  times  fully  12  to  15  per  cent, 
of  workers  are  unemployed  from  industrial  or  personal  reasons. 
Our  public  labor  exchanges  must  be  made  efficient  enough  to  ad- 
just adequately  the  supply  and  demand  in  place  and  time,  and  to 
establish  colonies  for  those  who  can  and  those  who  cannot  fit 
themselves  for  proper  places  in  the  industrial  world. 


Minimum  Wage  Symposium  727 

Joint  Statement  of  Maud  Nathan  and  Nelle  Swartz 

The  Consumers'  League  of  the  City  of  New  York  strongly 
endorses  the  creation  of  a  minimum  wage  commission. 

Those  of  us  who  have  been  active  in  the  work  of  relief  societies 
know  that  low  wages  is  one  of  the  economic  causes  of  poverty. 
From  recent  studies  made  by  the  Consumers'  League,  we  know 
that  not  only  in  New  York  City,  but  all  over  the  State,  the  health 
and  efficiency  of  some  of  the  working  women  and  girls  is  being 
undermined  for  lack  of  proper  food,  recreation  and  proper  living 
quarters. 

We  believe  a  Commission  in  New  York  State  should  be  organ- 
ized similar  to  the  one  in  Massachusetts,  with  wage  boards  com- 
posed of  representatives  of  employers,  employees  and  the  public. 
We  consider  that  these  wage  boards  should  take  up  one  industry  at 
a  time,  studying  it  intensively,  and  that  a  wage  rate  should  be 
decided  for  each  particular  industry. 

We  feel  that  a  Commission  organized  in  such  a  way  is  the  only 
fair  method  to  determine  wages : 

First,  because  it  will  give  to  underpaid  and  unskilled  women 
and  girls  a  voice  in  deciding  what  compensation  they  shall  receive. 

Second,  because  it  will  also  bring  about  a  better  understanding 
between  the  workers,  the  employers,  and  the  community,  each 
factor  realizing  the  difficulties  which  beset  the  others;  all  will 
be  correspondingly   more  tolerant. 

Minimum  wage  legislation  is  no  mere  experiment.  A  perma- 
nent Minimum  Wage  Commission  has  for  eighteen  years  suc- 
cessfully regulated  the  wage  of  depressed  trades  in  Australia, 
and  in  our  own  country  four  states  have  such  Commissions  at 
work  and  wage  rates  established  by  them  are  now  in  force.  In 
Oregon  the  Supreme  Court  has  upheld  the  minimum  wage  law  as 
constitutional. 

Never  was  such  legislation  more  needed  than  now.  The  war  is 
the  excuse  for  more  economy  and  retrenchment.  This,  sooner  or 
lateir,  always  means  smaller  wages  for  women  and  girls  and  for 
unskilled,  unorganized  men.  The  only  effective  defense  of  this 
lowered  standard  is  a  Minimum  Wage  Commission. 

We,  therefore,  earnestly  urge  that  the  Factory  Investigating 
Commission,  which  has  maintained  such  a  splendid  record  in  the 


^28  ,  Appendix  III 

past,  recommend  to  the  Legislature  of  1915  the  ereation  of  a 
permanent  Minimum  Wage  Commission,  thus  placing  New  York 
in  line  with  other  progressive  States. 


Statement  of  Harry  Allen  Overstreet 
Minimum  wage  legislation  differs  nowise  in  principle  from  the 
various  types  of  legislation  —  factory  acts,  acts  governing  the 
maximimi  hours  of  labor,  acts  regarding  women  and  child  labor  — 
that  have  in  recent  years  become  broadly  recognized  as  economic- 
ally, socially  and  morally  justifiable.  In  all  these  cases  the  prin- 
ciple involved  is  the  right,  nay  the  obligation  of  society  to  set  a 
civilization-standard  below  which  economic  processes  must  not 
fall.  When  this  type  of  legislation  was  first  broached  early  in  the 
nineteenth  century,  the  panic  cry  was  raised  that  economic  enter- 
prises could  not  stand  the  strain;  that  if  they  were  required  to 
furnish  well  ventilated  factories,  guarded  machinery,  shorter 
hours  for  workers,  etc.,  they  would  be  compelled  to  go  out  of 
business.  In  most  cases  the  whole  matter  ended  with  the  cry.  In 
many  instances,  dividends  actually  grew  larger  with  the  growing 
efficiency  of  labor  and  the  increased  effectiveness  of  business 
organization.  In  the  few  cases  however  where  enterprises  did  go 
under  by  reason  of  the  added  requirements,  it  was  easily  recog- 
nized that  their  elimination  was  for  the  public  good.  They  were 
parasitic  enterprises  living  off  the  body  of  labor  without  giving 
in  return  that  which  would  enable  labor  to  sustain  itself  at  its 
full  power. 

The  vogue  of  such  regulative  legislation  during  the  past  cen- 
tury indicates  without  any  doubt  that  a  profound  conclusion  has 
been  reached,  namely,  that  economic  processes,  left  to  themselves, 
are  incapable  of  setting  an  adequate  civilization-standard.  Left 
to  themselves  economic  processes  tend  to  depress  standards.  In 
strict  logic,  this  conclusion  applies  to  all  aspects  of  economic  enter- 
prise, not  only  to  conditions  of  sanitation  and  hours  of  labor  but 
to  the  wage  paid  to  workers.  There  is  no  more  reason  to  believe 
that  economic  enterprises  left  to  themselves  will  set  a  wage  stand- 
ard that  is  adequate  than   that  they  will   set  a   sanitary  or  a 


Minimum  Wage  Symposium  729 

leisure  standard.  If  regulation  in  the  latter  respect  is  deemed 
(as  it  now  is)  absolutely  essential,  regulation  in  the  former  respect 
is  equally  necessary. 

In  strict  principle,  then,  minimum  wage  legislation  is  wholly 
of  a  piece  with  all  that  type  of  industrial  legislation  which  we 
have  come  to  regard  as  indispensable  in  a  well  ordered  state.  It 
differs,  if  at  all,  simply  in  the  practical  difficulties  with  which  it 
is  confronted.  These  difficulties,  however,  at  one  time  apparently 
insuperable,  have  already  in  large  measure  been  overcome.  The 
experience  of  Australasia  and  Great  Britain  already  goes  to  show 
that  the  two  requisites  of  minimum  wage  legislation,  (1)  the  de- 
termination of  the  minimum  living  needs  of  (a)  a  single  person, 
and  (b)  of  a  family  provider;  and  (2)  the  translation  of  these 
into  money  income  for  various  localities  have  already  been  met. 
The  machinery  for  accomplishing  this  is  indeed  complex  but  not 
unwieldy, —  a  central  trade  board  and  local  trade  boards  organized 
on  the  principle  that  all  parties  to  the  issue  —  employer,  em- 
ployee, and  consumer  —  shall  be  represented. 

The  first  requisite  of  all  minimum  wage  legislation  is  the 
undeviating  acceptance  of  the  principle  that  such  wage  is  to  be 
estimated  on  the  basis  of  what  is  sufficient  to  maintain  the  worker 
in  healthy  mental  and  physical  life  and  not  on  what  the  trade 
can  bear.  This  is  imperative.  Otherwise  we  return*  to  the  old 
process  of  letting  the  trade  set  the  standard  for  civilization  in- 
stead of  advancing  to  the  new  principle  of  having  civilization  set 
the  standard  for  the  trade. 

One  of  the  difficulties  which  confronts  minimum  wage  legis- 
lation in  the  United  States  is  the  fact  that  such  legislation  must 
be  undertaken  by  the  separate  states.  To  be  wholly  successful 
and  wholly  fair  minimum  wage  legislation  must  be  national,  else 
employers  in  a  high  grade  state  are  subjected  to  the  unfair 
competition  of  men  in  a  neighboring  low  grade  state.  This  is  a 
difficulty  however  which  has  confronted  us  in  all  industrial  re- 
form —  in  child  labor  legislation  particularly.  It  points  to  the 
necessity  for  a  radical  reconstruction  of  our  machinery  for 
national  legislation  in  matters  industrial. 

One  of  the  most  perplexing  of  the  problems  that  confronts 
minimum  wage  legislation  is  the  problem  of  the  relative  wage  of 


730  Appendix  III 

men  and  women.  Shall  the  wage  of  men  and  women  working  in 
the  same  industry  and  under  the  same  conditions  be  equal  ?  The 
problem  is  one  that  is  far  from  solution.  But  under  our  present 
conditions  (conditions  that  promise  radical  change  however,  par- 
ticularly as  to  the  economic  position  of  the  housewife)  this  may 
be  said :  men  are  normally  the  supporters  of  families  while  women 
are  not  Although  there  are  exceptions  to  this  —  the  bachelor  and 
the  widow,  the  one  receiving  too  much,  the  other  far  too  little — -' 
the  rule  must  hold  good  for  the  determination  of  the  minimum 
wage.  Men  must  normally  be  accorded  a  greater  wage  than 
women.  Nor  is  this  solely  for  the  protection  of  the  men.  As  a 
matter  of  fact,  the  economic  effect  of  equal  wage  is  on  the  one 
hand  to  drive  out  women  from  an  industry  in  favor  of  men,  and 
on  the  other  hand,  so  to  depress  the  wage  that  even  women  derive 
small  if  any  benefit. 

The  minimum  wage  operates  as  the  effective  corrector  of  that 
most  distressing  social  blunder,  the  employment  of  girls  who  are 
partially  supported  by  their  parents.  Such  employment  works 
serious  disaster  to  the  thousands  of  girls  for  whom  there  is  no 
such  partial  support  and  who  by  reason  of  the  unfair  competition 
of  their  sisters  are  compelled  to  accept  a  less  than  living  wage. 

One  of  the  greatest  advantages  of  a  minimum  wage  law, 
finally,  lies* in  the  nature  of  the  boards  (central  and  local)  neces- 
sary to  carry  out  its  provisions.  These  boards  are  properly  com- 
posed of  men  and  women  representing  all  the  interests  at  stake, 
from  that  of  the  lowest  paid  employee  to  that  of  the  most  affluent 
employer.  The  work  of  such  boards  entails  co-operative  investi- 
gation, discussion,  and  a  constant  give  and  take  that  are  of  finest 
moment  for  a  deeper  and  more  sympathetic  understanding  of  the 
whole  perplexing  problem  of  business  and  industrial  life. 


Statement  of  Samuel  Schulman 

In  reply  to  your  letter  of  the  3d  of  October,  asking  me  for  my 

opinion  on  minimum  wage  legislation,  I  beg  to  say  that  I  am  of 

course,  interested  in  increasing  the  wages  of  women  and  minors, 

which  as  you  say,  have  been  found  by  the  investigators  of  the 


Minimum  Wage  Symposium  731 

Commission  to  be  "  insufficient  to  enable  the  workers  to  maintain 
themselves  in  health  and  decent  comfort."  I  cannot  send  you  a 
dogmatic  opinion  on  the  subject  of  minimum  wage  legislation, 
but  I  would  suggest  that  this  is  a  very  many-sided  question,  and 
in  my  opinion,  the  Commission,  before  making  any  recommenda- 
tions, might  consider  the  following  points : 

First. —  Whether  wages  considered  as  insufficient  are  in  any 
way,  to  be  discovered  by  the  Commission,  supplemented  in  the 
home  from  any  source. 

Second. —  What  are  the  present  minimum  and  maximum  wages 
for  beginners  and  skilled  labor. 

Third. —  What  is  the  relation  of  profits  in  an  industry  to  wages. 

Fourth. —  A  comparative  study  of  the  conditions  in  other  States, 
insofar  as  there  are  plants  or  industries  in  other  States,  competing 
with  those  in  our  State. 

Fifth. —  To  what  extent  would  such  a  law  increasing  wages 
of  women  and  minors  tend  to  replace  their  labor  by  that  of  male 
adults  ? 

Sixth. —  As  this  question  bears  on  morals  and  much  has  been 
said  of  the  actual  supplement  of  wages  by  illicit  gain,  to  what 
extent,  if  any,  in  this  case?  If  this  were  unfortunately  the 
case,  then  economically,  though  in  a  morally  and  socially  disas- 
trous way,  income  is  now  supplemented.  If  now,  referring  to 
No.  5,  the  law  would  tend  to  replace  women  by  men,  would  it  not 
stimulate  the  marrying  of  men  and  women  and  thus  increase  pro- 
vision for  women  by  men  in  legal  marriage  status,  or  by  brothers 
or  other  kinsmen  ? 

Seventh. —  What  is  the  relation  of  women  to  men  workers  in 
various  industries  where  they  either  take  the  place  of  men  or  are 
indispensable  on  their  own  account,  because  of  their  natural  apti- 
tude or  because  the  industrial  work  of  the  world  must  be  carried 
on  by  both  men  and  women  ? 

Eighth. —  What  should  be  the  relation  of  minimum  to  maximum 
wage  in  an  industry  with  respect  to  the  influence  of  such  a  rela- 
tion upon  the  maintenance  and  growth  of  efficiency  ? 

Ninth. —  In  what  industries,  if  any,  in  our  State,  does  a  corpo- 
ration control  the  output,  so  that  there  is  practically  no  competi- 
tion ;  and  such  industries  would  seem  to  be  the  most  legitimate 
filed  for  the  application  of  the  experiment  of  minimum  wage  ? 


732  Appendix  III 

Tenth. —  To  what  extent  are  minors  full  competitors  with  adults 
for  jobs  and  to  what  extent  would  minimum  wage  lead  to  their 
elimination  ? 

If  it  shall  be  found,  after  a  thorough  investigation,  that  a  mini- 
mum wage  law  would  not  eventually  hurt  those  whom  it  is  in- 
tended to  benefit,  I  am  unreservedly  in  favor  of  such  minimum 
law,  on  the  principle  that  I  believe  it  is  the  duty  of  the  State  to 
protect  the  weak  against  the  exploitation  by  the  strong.  But  not 
being  an  authority  on  economics,  I  cannot  venture  a  dogmatic 
opinion  on  this  question.  I  have  answered  your  question  in 
Yankee  fashion,  by  suggesting  a  number  of  questions.  This  per- 
haps is  not  so  unreasonable  as  coming  from  a  Rabbi  whose  busi- 
ness it  is,  above  all,  to  see  that  justice  and  humanity  are  both 
realized  in  our  industrial  life. 


Statement  of  John  Spabgo 

There  can  be  very  little  doubt  of  the  need  of  some  method  of 
fixing  and  maintaining  a  minimum  wage  not  only  for  women  but 
for  all  wage  workers.  There  may  be  differences  of  opinion  con- 
cerning the  methods  to  be  employed  for  this  purpose,  but  no  one 
whose  opinion  is  worthy  of  a  moment's  consideration  will  dispute 
the  need. 

Long  and  bitter  experience  has  convinced  the  workers  in  every 
industrial  nation  of  the  imperative  necessity  of  establishing,  by 
some  means,  not  only  minimum  standards  of  wages,  but  also,  and 
particularly,  maximum  hours  of  labor.  The  two  go  together. 
From  the  point  of  view  of  the  wage-earner  there  is  very  little 
choice  between  underpayment  and  overwork. 

From  the  point  of  view  of  society  in  general,  as  distinguished 
from  that  of  the  wage-earner,  it  is  important  that  both  the  mini- 
mum wage  and  the  maximum  working  day  be  established.  Exces- 
sive hours  of  toil  mean  exhaustion  and  devitalisation  of  the 
workers,  their  early  breakdown,  both  physically  and  morally,  and, 
as  an  inevitable  result,  their  dependence  upon  charity.  Low  wages 
is  assuredly  one  of  the  most  important  causes  of  poverty.  I  refer 
now  especially  to  low  rates  of  wages,  rather  than  to  low  earnings 


Minimum  Wage  Symposium  Y33 

as  a  result  of  sickness,  irregularity  of  employment,  and  so  on. 
Of  coursCj  low  wages  in  this  sense  is  a  very  material  factor  in 
the  causation  of  poverty,  but  it  is  low  rates  of  wages  which  is 
most  important.  I  think  that  Rowntree,  in  his  study  of  poverty 
in  York,  England,  attributed  50  per  cent,  of  the  primary  poverty 
to  that  cause.  My  experience  in  both  countries  leads  me  to  be- 
lieve that  low  rates  of  wages  are  quite  as  effective  here. 

I  hold  then,  that  society,  for  its  own  protection,  to  minimize 
the  volume  of  poverty  with  its  appalling  consequences,  should 
establish  both  minimum  wage  standards  and  maximum  hours  of 
employment. 

The  need  for  such  legislation  has  been  felt  in  every  industrial 
nation,  but  nowhere  is  the  need  so  great  as  here  in  the  United 
States.  I  take  it  that  no  one  who  has  given  the  subject  considera- 
tion will  for  a  moment  dispute  the  proposition  that  our  need  of 
these  safeguards  is  greater  than  that  of  any  other  nation.  That 
is  so  on  account  of  the  tremendous  stream  of  immigration  which 
normally  flows  into  this  country.  We  receive  a  great  many  im- 
migrants from  countries  in  a  backward  state  of  development. 
What  from  an  American  standpoint  would  be  a  most  dangerously 
low  rate  of  wages,  involving  dire  poverty,  will  often  appear  to  the 
inexperienced  immigrant  from  Europe  to  be  a  very  high  rate  of 
wages  indeed.  Upon  that  rate  of  wages  he  will  establish  a  stand- 
ard of  living  which  quite  satisfies  him,  and  appears  even  luxuri- 
ous, but  which  is  far  inferior  to  the  accepted  American  standard, 
and  which,  if  long  maintained,  will  seriously  impair  the  welfare 
of  the  immigrant's  children. 

While  I  do  not  want  to  lay  particular  stress  upon  it,  I  feel 
that  it  is  both  pertinent  and  useful  to  direct  attention  to  the  bear- 
ing of  this  matter  upon  the  remarkable  decline  in  the  birth-rate 
of  our  native  American  stock.  Professor  Walker,  a  good  many 
years  ago,  and  Mr.  Hunter  in  more  recent  years,  have  argued 
that  the  competition  of  the  immigrant  with  lower  standards  of 
living  is  primarily  responsible  for  this.  The  argument  is  that  the 
native  American  parents  refuse  to  bring  as  many  children  into 
the  world  as  they  otherwise  would. 

Having  said  so  much  concerning  the  need  of  a  minimum  wage 
standard,  I  turn  now  to  the  question  concerning  which  there  has 


734  Appendix  III 

been  so  much  controversy,  namely,  What  is  the  best  method  of 
establishing  it?  What  I  shall  say  under  that  head  will  apply 
equally  to  the  establishment  of  maximum  hours  of  employment. 

I  am  aware  that  the  proposal  which  we  Socialists  make,  to  es- 
tablish these  standards  by  legislation,  is  regarded  unfavorably  by 
many  thoughtful  persons,  including,  I  am  sorry  to  say,  some  of 
the  prominent  leaders  of  organized  labor  in  this  country.  I  am 
satisfied  that  in  this  they  do  not  represent  their  constitutents ; 
that  I  could  get  a  verdict  against  them,  in  favor  of  legislation  to 
establish  minimum  wage  rates,  from  the  rank  and  file  of  practi- 
cally every  union  in  this  or  any  other  great  city.  I  speak  from 
an  intimate  knowledge  extending  over  twenty  years.  Where,  as 
in  Ohio,  in  1912,  the  rank  and  file  of  organized  labor  have  had  a 
chance  to  vote  on  the  subject  they  have  supported  the  proposition. 

Those  who  oppose  the  proposition  to  establish  minimum  wage 
laws,  and  laws  limiting  the  hours  of  labor,  object  to  the  inter- 
ference of  the  State  in  the  relations  of  employers  and  their  em- 
ployees. They  point  to  the  fact  that  in  England,  centuries  ago, 
wages  were  established  by  statute,  or  fixed  by  the  magistrates, 
and  that  the  workers  were  greatly  oppressed  in  consequence.  It 
is  always  dangerous,  they  say,  to  give  into  the  hands  of  govern- 
ment agencies  jurisdiction  over  wages  and  hours  of  labor. 

I  think  that  those  who  thus  appeal  to  past  history  overlook  the 
important  fact  that  the  workers  now  hold  a  very  different  relation 
to  the  State.  At  that  time  they  were  without  the  political  fran- 
chise, they  had  no  means  of  influencing  either  legislation  or  the 
administration  of  laws  directly.  That  power  they  now  have.  The 
appeal  should  properly  be  made,  it  seems  to  me,  to  those  countries 
in  which  minimum  rates  of  wages  and  maximum  hours  of  em- 
ployment are  now  fixed  by  law.  And  that  appeal,  unquestionably, 
supports  the  demand  for  legislation. 

It  is  argued  that  legislation  is  quite  needless,  that  the  results 
can  be  more  readily  and  more  efficiently  obtained  by  economic 
action,  by  the  unions  themselves,  without  legislation.  That,  curi- 
ously, is  the  stand  of  Haywood  and  the  I.  W.  W,,  generally,  of  the 
anarchists  and  of  conservative  union  leaders  like  Mr.  Gompers. 

My  reply  to  that  contention  is  that  nowhere  in  the  world  at  any 
time  thus  far  have  the  labor  unions  established  minimum  rates  of 


Minimum  Wage  Symposium  Y35 

'  wages  or  maximum  working  hours  for  the  laboring  masses  as  a 
whole.  What  is  more,  there  is  nothing  to  indicate  that  they  are 
likely  to  do  so  within  any  computable  period  of  time.  With  all 
respect,  and  some  regret,  I  say  that  we  are  no  nearer  to  that  goal 
to-day  than  when  the  American  Federation  of  Labor  was  first 
organized,  nearly  thirty-five  years  ago. 

It  is  quite  true  that  for  relatively  small  groups  of  workers,  in 
the  best  organized  trades,  the  unions  have  forced  the  employers  to 
agree  to  minimum  wage  rates  and  maximum  working  days.  But 
there  is  not  a  union  which  has  organized  all  the  workers  in  that 
trade  so  as  to  afford  that  protection  to  the  entire  body  of  workers 
in  the  trade.  At  best  they  have  protected  part  of  the  workers  in 
the  industries  which  have  been  most  easily  organized.  But  when 
we  come  to  the  great  army  of  unskilled  labor  we  find  that  the 
measure  of  success  in  organizing  them  is  pathetic  in  the  extreme. 
For  the  overwhelming  mass  of  unskilled  workers,  there  is  no  such 
protection  nor  any  effective  union  to  secure  and  maintain  it.  And 
it  is  precisely  to  this  class  of  labor,  where  the  need  is  greatest, 
where  the  danger  of  low  standards  of  living  is  most  grave,  that 
our  immigrants  come  in  such  large  bodies. 

It  is  one  of  the  scandals  of  our  time  that  these  unskilled 
workers  have  been  so  much  neglected  by  the  American  Federation 
of  Labor. 

Very  little  more  success  has  attended  the  efforts  of  the  unions 
to  protect  the  rates  of  wages  and  the  hours  of  labor  in  those  occu- 
pations in  which  it  is  difficult  to  organize  the  workers  owing  to 
fluctuations  of  employment,  as  in  the  seasonal  trades,  or  to  the 
well  understood  and  inevitable  difficulty  of  organizing  female 
employees. 

Until  the  unions  have  shown  much  greater  efficiency  in  the 
matter  of  establishing  minimum  wages  without  legislation,  simply 
by  the  exertion  of  their  economic  power,  their  claim  can  hardly  be 
seriously  considered.    It  does  not  belong  to  practical  discussion. 

As  against  the  universal  failure  of  the  labor  unions  to  accom- 
plish the  desired  result  —  and  the  failure  is  universal,  not  at  all 
limited  to  America  —  we  have,  fortunately,  a  very  considerable 
body  of  experience  to  which  we  can  appeal  in  support  of  the  de- 
mand for  legislative  enactment. 


736  Appendix  III 

In  1896  Victoria  enacted  a  law  providing  that  for  certain  trades' 
joint  boards  of  employers  and  employees  be  formed  with  power 
to  fix  minimum  wage  rates,  maximum  working  hours,  and  other 
matters.  The  decisions  of  this  joint  body  had  the  force  of  law. 
Now,  that  experiment  worked  so  well  that  in  1900  the  system 
was  applied  to  the  whole  colony.  In  that  same  year  it  was  adopted 
by  South  Australia,  and  New  Zealand,  New  South  Wales  and 
West  Australia  followed  suit. 

What  the  workers  in  those  countries  think  of  it  may  be  judged 
by  the  experience  of  Victoria.  In  1902,  by  an  oversight,  parlia- 
ment dissolving  without  passing  a  continuing  act,  the  Victoria 
law  was  suspended.  Immediately  there  was  such  an  outcry  that 
the  new  parliament  made  it  the  first  order  of  business  to  re-enact 
the  law. 

The  experience  of  these  countries  affords  the  best  answers  to 
the  various  objections  which  are  offered  against  minimum  wage 
laws. 

The  objection  is  often  heard  that  if  a  minimum  standard  of 
wages  is  fixed  that  standard  soon  becomes  also  the  maximum.  In 
other  words,  that  in  actual  practice  a  minimum  wage  becomes  a 
uniform  wage.  There  is,  I  believe,  an  element  of  truth  in  this, 
but  it  is  not  altogether  true.  Wages  are,  on  the  whole,  thus  made 
more  uniform  throughout  the  trade.  There  is  a  degree  of  "  level- 
ling ",  but  it  is  levelling  up,  not  down.  The  superior  worker  does 
not,  in  actual  practice,  get  less,  but  the  less  efficient  worker  gets 
more. 

Obviously,  whatever  truth  there  is  in  the  objection  applies 
equally  to  minimum  wage  rates  fixed  by  the  unions.  It  is  not 
an  argument  against  fixing  minimum  rates  by  law,  but  against 
fixing  them  by  any  method  whatsoever.  The  unions  cannot  afford 
to  resort  to  that  argument,  since  it  cuts  the  ground  from  under 
their  feet. 

So  far  as  the  experience  of  the  Australasian  colonies  affords 
any  guide,  it  appears  that  the  minimum  wage  fixed  by  law  no  more 
becomes  the  maximum  than  the  minimum  wage  generally  recog- 
nized in  any  given  locality  does  in  this  country.  The  average 
wage  is  invariably  a  good  deal  above  the  legal  minimum. 


Minimum  Wage  Symposium  737 

The  objection  is  made  that  the  establishment  of  a  minimum 
wage  takes  away  the  incentive  of  the  worker  to  excel.  This  i"ests 
upon  the  conviction  that  the  minimum  wage  really  becomes  the 
uniform  wage,  which  experience  disproves.  The  objection  applies 
equally  to  minimum  wages  fixed  by  trade  agreements.  Every 
student  of  the  labor  movement  knows  that  where  there  is  no 
minimum  wage,  and  no  maximum  limit  to  the  working  day,  the 
employer  often  finds  it  to  his  interest  to  employ  inferior  workers, 
"  boozers,"  for  instance,  because  they  can  be  had  for  low  wages 
and  can  be  induced  to  work  long  hours.  On  the  other  hand, 
where  a  minimum  wage  prevails,  the  superior  worker  has  the 
great  advantage  of  being  more  regularly  employed. 

To  sum  up:  What  we  need  is  a  minimum  wage,  established 
by  legislation,  sufficiently  generous  to  provide,  not  a  mere  "  living 
wage  ",  but  a  healthy  standard  of  living,  which  includes  all  the 
requirements  for  the  efficient  satisfaction  of  the  physical,  mental 
and  moral  needs  of  a  family.  The  law  should  apply  to  all  wage- 
earners  and  should  be  so  devised  that  the  minimum  wage  rates 
can  be  easily  advanced  to  keep  pace  with  the  increased  cost  of 
living. 


Statement  of  Walter  E.  Weyl 

I  do  not  imagine  that  you  will  wish  me  to  give  anything  more 
than  my  general  opinion  concerning  the  proposed  Minimum  Wage 
legislation,  in  view  of  the  fact  that  your  Commission  will  be  in 
possession  of  a  far  wider  and  more  accurate  knowledge  concern- 
ing the  whole  subject  than  I  could  possibly  possess. 

I  do  believe  entirely  in  the  principle  of  the  Minimum  Wage 
Law  in  so  far  as  it  affects  parasitic  trades,  and  especially  in  so 
far  as  it  affects  women  and  minors  in  such  trades.  I  am  not  so 
confident  of  the  advantage  of  passing  minimum  wage  laws  to 
apply  to  trades  in  which  the  union  is  well  organized,  since  in  the 
decades  immediately  before  us  I  believe  it  would  be  far  better  to 
attain  a  high  standard  of  wages  in  such  trades  by  means  of  trade 
agreements  between  trade  unions  and  employers  or  associations 
of  employers.  Your  Commission,  however,  as  a  result  of  your 
searching  investigations  into  various  trades,  is  more  cognizant 
Vol.  1  —  24 


738  Appendix  III 

than  are  the  rest  of  us  of  the  crying  need  of  some  statutory  regu- 
lation of  wages  in  trades  which  are  unprotected  and  in  their 
nature  parasitic.  Publicity,  the  play  of  public  opinion,  and  the 
growth  of  a  moral  sense  on  the  part  of  employers  and  of  the 
general  community  will  not  improbably  have  some  eifect  in  bet- 
tering these  conditions,  but  in  view  of  the  highly  competitive, 
in  fact,  pathologically  competitive  conditions  in  the  trades  which 
we  term  parasitic,  it  is  often  impossible  for  the  well-intentioned 
employer  to  live  up,  in  the  matter  of  wages  and  conditions  gen- 
erally, to  the  ideals  which  he,  individually,  may  have.  I,  there- 
fore, believe  strongly  that  the  time  has  arrived  for  a  definite 
statement  on  the  part  of  a  Commission  like  yours  in  favor  of 
minimum  wage  laws  affecting  such  parasitic  trades,  and  especially 
the  trades  in  which  unorganized  women  and  children  constitute 
the  majority  of  the  working  force. 

I  recognize  that  this  statement  of  mine  is  necessarily  vague  and 
that  there  may  be  difficulties  in  translating  such  a  general  pre- 
scription into  a  clear  and  quite  unambiguous  proposal.  I  have 
felt,  however,  that  what  you  desired  was  primarily  my  attitude 
toward  the  principles  involved. 


Statement  of  Gaylord  S.  White 

As  a  result  of  my  experience  as  a  resident  for  many  years  in 
a  tenement  section  of  this  city,  I  believe  that  the  present  condi- 
tions in  industry  demand  further  legislative  regulation  in  the 
direction  of  establishing  in  certain  industries,  at  least  for  women 
and  minors,  a  minimum  wage.  If  I  am  correct  in  my  estimate 
of  the  situation  a  measure  of  this  kind  is  needed  both  for  the 
protection  of  the  individual  workers  and  also  for  the  protection 
of  society.  It  cannot  be  denied  that  wages  insufficient  for  the 
maintenance  of  even  an  approximately  satisfactory  standard  of 
living  are  received  in  the  case  of  many  thousands  of  workers.  In 
certain  industries,  as  for  example,  those  which  depend  largely 
upon  home  work,  women  and  children  are  receiving  starvation 
wages.  Any  settlement  worker  of  experience  can  number  among 
his  neighbors  many  persons  who  are  forced  to  eke  out  an  existence 
on  insufficient  earnings.  It  is  the  human  aspect  of  the  problem 
that  is  brought  home  most  forcibly  to  us. 


Minimum  Wage  Symposium  739 

Where  starvation  wages  are  paid  it  is  sometimes  due  to  the 
exploitation  of  the  worker;  sometimes  to  the  inability  of  the 
industry  to  survive  if  higher  wages  were  paid.  In  the  latter  case 
the  industry  ought  not  to  survive ;  in  the  former  case,  the  question 
of  wages  should  be  regulated  by  law.  For  this  purpose  the  crea- 
tion of  minimum  wage  boards  seems  to  me  the  most  effective 
method.  I  believe  minimum  wage  legislation  would  have  the 
following  effect: 

1.  In  those  industries  in  which  it  was  established  it  would  insure 
a  legal  minimum  which  would  bear  an  approximate  relation  to  a 
living  wage.  It  might  not  always  be  sufficient  to  maintain  an 
adequate  standard  of  living  but  would  prevent  the  practically  un- 
limited under-cutting  of  wages  which  competition  makes  possible. 

2.  It  would  discourage  the  giving  out  of  work  to  be  performed 
in  the  home.  This  is  done,  of  course,  because  of  the  low  labor 
cost.  If  these  wages  were  set  at  a  living  level  manufacturers 
would  find  it  necessary  to  organize  their  work  on  different  lines 
and  to  employ  more  efficient  methods.  It  seems  obvious  that  to  a 
large  degree  the  employment  of  women  and  children  in  the  home, 
with  all  its  attendant  evils,  would  be  very  greatly  reduced. 

3.  It  is  alleged  by  those  who  support  the  minimum  wage  that 
it  tends  to  bring  about  a  better  understanding  between  employer 
and  employee  with  the  result  of  preventing  labor  disputes  and 
consequent  strikes.  Where,  under  legislative  compulsion,  the 
manufacturer  and  the  worker  are  brought  together  to  discuss  con- 
ditions in  the  industry,  the  consumer  also  being  represented,  and 
where  effort  is  made  to  work  out  an  equitable  result  in  the  matter 
of  wages  it  seems  not  unreasonable  to  suppose  that  a  better  under- 
standing should  result  and  an  opportunity  of  greater  co-operation 
be  developed. 

4.  I  think  further  the  effect  of  minimum  wage  boards  would 
be  to  develop  a  more  direct  interest  in  the  human  aspect  of  the 
wage  problem  on  the  part  of  employers  and,  therefore,  a  gTeater 
sense  of  responsibility.  The  discussion  of  the  interests  of  indus- 
tries from  the  point  of  view  of  the  consumer  as  well  as  of  the 
employer  and  the  worker  would  have  a  tendency  to  educate  the 
public  in  industrial  questions. 

5.  Education  for  efficiency  ought  to  be  stimulated  by  minimum 
wage  legislation.     Employers  would  naturally  want  the  most  effi- 


740  Appendix  III 

cient  workers  if  they  were  obliged  to  increase  their  labor  charges 
and  young  people  preparing  for  life  would  be  impressed  with  the 
necessity  of  acquiring  thorough  training.  The  movement  for  in- 
dustrial education  should  be  promoted.  It  is  objected  that  mini- 
mum wage  laws  will  tend  to  level  down  to  the  minimum.  Pro- 
fessor Seager  can  see  "no  a  priori  ground  for  such  a  view."  He 
points  out  that  unrestricted  competition  now  operates  to  lower 
the  wages  of  those  of  greater  capacity  and  with  a  legally  pre- 
scribed minimum  it  will  be  impossible  to  force  wages  down  to  a 
starvation  level.  He  attaches  more  significance,  however,  to  the 
experiences  of  those  countries  in  which  the  minimum  wage  sya. 
tem  has  already  been  tried  out  and  which  goes  to  show  that  this 
alleged  leveling  down  does  not  take  place. 

6.  One  of  the  most  obvious  objections  to  minimum  wage  legis- 
lation is  the  fact  that  it  will  throw  out  of  employment  large  num- 
bers of  persons  who  are  now  in  part  self-supporting.  This  objec- 
tion, however,  may  be  regarded  as  an  advantage.  Has  any  in- 
dustry a  right  to  thrive  at  the  expense  of  its  workers  ?  Will  not 
society  be  obliged  to  face  squarely  the  question  of  the  wisdom 
of  allowing  an  industry  to  flourish  while  it  pays  starvation  wages, 
which  fact,  translated  into  human  terms,  means  that  men  and 
women  and  children  are  underfed,  insufficiently  clothed,  improp- 
erly housed,  denied  opportunities  of  spiritual  development  and 
destined  to  become  dependent  upon  private -or  public  charity,  as 
they  fill  our  hospitals  and  asylums  ?  If  minimum  wage  legisla- 
tion forces  us  to  look  such  facts  as  these  fairly  in  the  face  and 
devise  constructive  measures  of  social  insurance  it  will  be  well 
worth  while.  Such  questions  can  no  longer  be  ignored.  They 
must  be  dealt  with  on  broad  and  constructive  lines. 

With  regard  to  the  difficulties  of  the  administration  of  minimum 
wage  laws,  I  cannot  speak  with  confidence  but  I  have  an  abiding 
faith  in  the  ability  of  human  intelligence  to  work  out  methods  for 
the  accomplishment  of  any  measures  that  are  for  the  good  of  all 
people.  The  difficulties  in  places  where  minimum  wage  laws  aro 
in  operation  do  not  seem  to  have  proved  insurmountable.  While 
minimum  wage  legislation  appears  to  me  to  be  obviously  needed  in 
the  case  of  women  and  minors,  it  seems  to  me  that  theoretically 
the  principle  should  be  applied  in  any  industry  where  wages  con- 
stantly tend  to  fall  below  a  living  level. 


Minimum  Wage  Symposium  741 

m.  LAWYERS 

Statement  of  Henry  De  Forest  Baldwin 

I  have  your  letter  of  the  2d  inst,  asking  me  for  my  views  on 
the  subject  of  minimum  wage  legislation.  As  I  am  ignorant  of 
the  literature  on  the  subject,  I  cannot  believe  that  my  views  will 
have  any  particular  value.  I  am,  however,  very  much  interested 
in  any  proposition  of  that  kind,  and  look  forward  to  the  Commis- 
sion's report  with  much  interest. 

As  I  understand  it,  the  trades  union  fixes  now  the  minimum 
wage  at  which  its  own  members  are  allowed  to  work.  Undoubt- 
edly, the  trade  union  committee  fixes  the  amount  of  the  wage  ac- 
cording to  its  judgment  as  to  what  it  thinks  its  members  can  get, 
just  as  a  man  who  has  a  commodity  or  a  parcel  of  land  to  sell 
asks  what  he  thinks  he  can  get.  This  is  enforced  by  the  union,  if 
necessary,  by  a  strike.  I  take  it  that  a  strike  ordinarily  cannot 
be  very  successful,  unless  the  strikers  are  more  or  less  free  to 
intimidate  those  who  otherwise  would  undertake  to  accept  the 
employment,  on  terms  which  are  not  satisfactory  to  the  union. 
Thus,  whenever  a  strike  is  declared,  the  public  looks  for  violence 
and  disorder.  This  is  not  a  satisfactory  way  of  settling  important 
industrial  disputes,  and  it  can  only  be  a  question  of  time  when 
the  State,  in  one  form  or  another,  will  undertake  to  preserve  the 
peace  by  extending  its  authority  to  the  questions  which  tend  to 
create  disorder.  I  suppose  the  principal  question  is  the  question 
of  wages,  which  includes  not  only  the  amount  of  money  paid  the 
laborer,  but  the  number  of  hours  of  his  employment,  and  the  con- 
ditions under  which  he  is  required  to  work,  if  he  accepts  the  em- 
ployment. 

I  suppose  cutthroat  competition  can  be  as  ruinous  to  wage  earn- 
ers as  it  is  to  railroads.  And  the  competition  of  the  incompetent, 
and  of  those  who  are  partially  supported  through  other  sources 
than  their  labor,  may  bring  down  the  prevailing  rate  of  wages  to 
a  point  where  the  really  competent  workman  cannot  earn  a  decent 
living,  while  if  he  were  relieved  from  this  unfair  competition,  the 
wages  of  the  competent  would  be  advanced  and  the  increased  wage 
fully  earned. 


742  Appendix  III 

The  test  of  legislation  of  this  character  is  whether  it  is  so  far 
in  harmony  with  economic  laws  that  it  can  be  applied  without 
injuring  industry  and  driving  it  out  of  the  State.  We  know  that 
unwise  management  of  trade  unions  has  had  the  effect  of  driving 
industries  to  places  outside  their  jurisdiction.  It  is  unthinkable 
that  the  Legislature  should  attempt  to  fix  minimum  wages  by 
statute.  Any  bad  mistake  in  fixing  the  rate  would  tend  to  drive 
industry  out  of  the  State,  as  similar  attempts  by  Congress  to  regu- 
late shipping  has  legislated  the  American  flag  off  the  ocean.  The 
delicate  adjustments  required  would  have  to  be  made  by  commis- 
sions. The  fundamental  question,  then,  becomes :  Are  we  honest 
enough  to  do  this  successfully  by  commissions  ?  Our  governors 
have  not  yet  succeeded  in  filling  the  commissions  already  provided 
by  law  for  regulating  public  service  corporations  with  men  who 
have  the  confidence  of  the  community.  A  political  commission 
would  be  practically  without  responsibility  to  anybody  in  par- 
ticular. At  present  the  committees  of  the  trade  unions  are  re- 
sponsible to  the  people  affected  by  their  decisions,  and  it  seems 
to  me  that  their  action  can  be  much  more  fiexible  than  the  action 
of  a  political  commission  could  possibly  be. 

It  has  occurred  to  me  that  it  might  be  possible  for  the  State 
to  take  over  from  the  trade  union  the  task  of  fixing  wages,  in 
co-operation  with  both  the  wage  payers  and  the  wage  earners. 
We  might  have  a  kind  of  compulsory  arbitration,  not  an  arbitra- 
tion which  would  require  a  particular  workman  to  work  whether 
he  wanted  to  or  not  —  that,  of  course,  would  be  peonage  —  but  an 
arbitration,  between  representatives  of  employers  and  employees, 
which  would  fix  the  rate  of  wages  and  the  conditions  of  employ- 
ment in  a  particular  industry  for  a  particular  period.  This  might 
be  of  advantage  to  the  employers  as  well  as  to  the  employees,  as  it 
ought  to  cut  out  the  possibility  of  strikes  during  the  period  named 
by  the  commission.  This  would  be  analogous  to  the  fixing  of 
rates  for  the  service  of  public  service  corporations. 

If  the  State  took  over  under  its  control  the  fixing  of  a  mini- 
mum wage  in  any  particular  industry,  I  suppose  it  would  amount 
to  unionizing  all  labor  in  that  industry.  Its  jurisdiction,  however^ 
could  not  go  beyond  the  State  lines,  while,  as  I  understand  it, 
the  present  trade  unions  are  not  confined  to  State  lines ;  hence,  in 


Minimum  Wage  Symposium  743 

some  industries  their  competitors  in  other  States  would  have  an 
advantage  over  them  in  case  the  regulation  was  detrimental  to 
the  employers. 

With  respect  to  the  industries  that  do  not  meet  competition  from 
other  States,  it  seems  to  me  that  regulations  fixing  minimum 
wages  would  be  in  favor  of  the  large  operators,  and  would  tend 
to  crush  out  small  competitors.  It  may  be  that  that  would  be  a 
good  thing.  It  may  be  the  direction  in  which  economic  forces  are 
working,  and  such  legislation  would  merely  help  the  process  along 
more  rapidly  than  it  otherwise  would  move. 

This  would  seem  to  be  a  good  time  to  take  up  the  consideration 
of  a  matter  as  important  as  this.  We  are  less  tied  up  now  than 
ever  before  to  our  traditional  doctrines  with  respect  to  personal 
liberty,  State  interference  and  liberty  of  contract.  The  idea  that 
an  employer  can  conduct  his  business  entirely  as  he  likes  ia  no 
longer  asserted.  This  is  really  a  practical  question.  If  our  in- 
dustrial organization  in  certain  lines  has  developed  far  enough  to 
be  dealt  with  beneficially  by  legislation,  we  are  not  going  to  be 
deterred  from  attempting  to  deal  with  it  by  any  theories  of  social- 
ism or  individualism.  Still,  we  must  always  bear  in  mind  that  the 
larger  interests  of  the  wage-earning  population  must  be  to  en- 
courage, not  to  trammel,  industry  —  must  be  to  remove  privileges 
from  those  who  now  have  them,  not  to  give  new  privileges  to  those 
who  have  not  yet  succeeded  in  getting  them.  It  would  be  very 
unfortunate  to  have  a  minimum  wage  fixed  so  high  that  a  man  out 
of  employment  would  have  to  pay  a  commission  to  somebody  to  get 
him  a  job.  That  has  often  been  done  in  the  case  of  public  employ- 
ment, where  wages  are  fixed  by  law. 


Statement  of  H.  La  Eue  Brown 
I  have  no  doubt  of  the  practicability  and  advisability  of  mini- 
mum wage  legislation  in  some  form.  I  am  not  sure  that  our  form 
(in  Massachusetts)  is  the  most  desirable.  I  believe  however  that 
there  is  offered  here  an  intelligent  and  conservative  manner  of 
approaching  a  serious  situation  which  has  not  yielded  to  other 
modes  of  attack.     We  travelled  slowly  and  cautiously  in  Massa- 


744  Appendix  III 

cliiisetts  but  seemed  to  be  getting  definite  results  of  whicb  the 
most  interesting  was  the  fact  that  actual  experience  with  the  wage 
board  system  seemed  to  make  converts  of  many  who  at  the  outset 
could  see  no  good  in  it.  Certainly  such  legislation  is  not  a  pan- 
acea. On  the  other  hand  it  destro^^s  no  ''  palladia  of  our  liberties." 
Whatever  else  may  result,  the  bringing  together  of  employers  and 
work  people  to  discuss  their  common  problem  with  the  attendant 
gains  in  mutual  understanding  and  appreciation  is  a  consequence 
of  significance  and  importance. 

I  feel  some  hesitancy  in  dealing  with  the  matter  further  than 
to  express  some  general  and  individual  opinions.  As  to  them  I 
have  no  doubt.  I  believe  thoroughly  in  the  movement  for  such 
legislation  and  I  am  inclined  to  think  that,  conceding  certain 
dilficulties  of  detail,  full  acquaintance  with  it  almost  always  robs 
it  of  the  terrors  with  which  some  vague  association  with  "  social- 
ism "  and  other  bugaboos  of  the  conservative  cause  it  to  be  at- 
tended in  the  minds  of  many. 


Statement  of  W.  Boueke  Cockean 

Pursuant  to  the  request  conveyed  in  your  letter  of  December 
1st,  and  in  fulfillment  of  the  promise  embodied  in  mine  dated 
December  3d,  I  have  the  honor  herewith  to  submit  for  considera- 
tion by  the  I^ew  York  State  Factory  Investigating  Commission 
some  views  "  on  the  advisability  of  enacting  minimum  wage  legis- 
lation" and  a  few  "  suggestio7is  with  reference  to  the  icage  prob- 
lem particularly  as  it  affects  women  and  minors/' 

The  serious  character  of  this  wage  problem  your  letter  makes 
very  clear  in  these  terms: 

"  Our  investigations  have  shown  that  in  many  cases,  wages, 
particularly  those  paid  to  women  and  minors,  are  very  low 
and  insufiicient  to  enable  the  workers  to  maintain  themselves 
in  health  and  decent  comfort.  The  Commission  is  now  con- 
sidering the  remedies  that  should  be  adopted  to  meet  this 
condition." 

That  in  a  city  claiming  primacy  among  civilized  communities 
there  can  be  found  many  persons  neither  vicious  nor  idle,  but 


Minimum  Wage  Symposium  745 

among  the  most  laborious  of  the  population,  who  are  unable  even 
by  long  hours  of  toil  *'  to  maintain  themselves  in  health  and  de- 
cent comfort ",  amounts  to  a  grave  impeachment  of  the  whole  in- 
dustrial system  under  which  such  a  condition  has  proved  to  be  not 
merely  possible  but  actual.  Unless,  therefore,  the  Commission 
succeed  in  finding  the  remedies  it  is  seeking,  this  civilization 
built  on  free  labor  must  stand  discredited;  and  all  history  shows 
that  a  civilization  which  is  discredited  is  in  danger  of  dissolution. 

It  goes  without  saying  that  every  one  would  like  to  see  the 
wages  of  these  workers  increased.  The  difficulty  is  to  ascertain 
how  this  can  be  done.  Obviously,  before  the  wages  of  any  worker 
can  be  increased,  means  to  pay  the  increase  must  first  be  found. 

Experience  shows  only  too  plainly  that  attempts  to  remedy  by 
legislation  distressful  conditions,  not  directly  caused  by  govern- 
ment, very  often  result  in  deepening  the  miseries  these  ill  con- 
sidered measures  are  intended  to  relieve. 

A  law  fixing  a  minimum  rate  of  wages,  for  instance,  could 
easily  be  placed  on  the  statute  book.  But  it  by  no  means  follows 
that  after  its  enactment  every  worker  now  grievously  underpaid 
would  be  found  actually  receiving  a  wage  sufficient  to  support  him 
in  "  health  and  decent  comfort." 

The  state  might,  indeed,  prohibit  by  law  employment  of  any  one 
within  its  jurisdiction  at  a  rate  of  wages  less  than,  say  two  dol- 
lars a  day.  But  if  it  should  result  that  a  laborer  who  now  earns 
one  dollar  every  day  could  find  employment  only  two  days  a 
week;  or  that  the  industry  from  which  he  draws  his  present 
scanty  wages  would  be  destroyed  (when  he  must  find  himself  de- 
prived of  all  wages)  his  condition  far  from  being  improved  would 
be  rendered  still  more  wretched. 

The  first  question  to  be  considered  then  is  whether  the  state  has 
power  to  increase  wages  by  any  exercise  of  its  own  functions;  or 
through  any  act,  perfonnance  of  which  it  can  enjoin  upon  persons 
subject  to  its  authority. 

If  such  power  exist,  every  one  would  welcome  prompt  and  full 
exercise  of  it.  If  it  does  not  exist,  attempts  to  assume  it  can  only 
result  in  aggravating  conditions  already  deplorable. 

In  speaking  of  what  the  State  can  do  and  what  lies  beyond  its 
power  to  do,  no  reference  is  intended  here  to  those  constitutional 


746  Appendix  III 

limitations  peculiar  to  our  own  system  of  government.  The  power 
we  are  now  discussing  is  the  utmost  power  that  can  be  exercised 
by  organized  society  under  any  form  of  government,  even  the 
most  absolute. 

In  considering  the  extent  to  which  the  state  can  control  or  de- 
termine the  rate  of  wages,  it  is  absolutely  necessary  to  begin  by 
determining  just  what  we  mean  by  wages.  No  subject  is  wrapped 
in  denser  obscurity.  The  various  definitions  to  be  found  in  works 
on  political  economy  have  apparently  served  but  to  increase  the 
confusion  of  thought  they  were  formulated  to  dispel. 

Without  undertaking  to  reproduce  or  attempting  to  reconcile 
these  definitions  —  above  all,  without  venturing  to  increase  the 
number  of  them  —  the  nature  of  wages  can  be  made  perfectly 
clear  by  the  simple  process  of  examining  in  detail  the  actual 
operations  of  industry  familiar  to  every  one  in  the  production  of 
some  one  commodity ;  the  chair,  for  example,  on  which  the  writer 
is  now  sitting. 

If  a  laborer  engaged  in  making  chairs  produce  ten  chairs  worth 
fifty  dollars  every  day,  and  his  wages  be  five  dollars  a  day,  his 
rate  of  compensation  clearly  is  one-tenth  of  his  own  product — ■ 
one  chair  of  every  ten  that  he  produces.  He  does  not,  of  course, 
take  a  chair  away  with  him  every  evening,  and  undertake  to 
divide  it  among  the  butcher  and  baker  and  grocer  and  landlord. 
To  do  that  would  be  to  destroy  the  value  his  labor  had  created  in 
putting  together  its  component  parts  and  combining  them  into  a 
chair.  Instead,  therefore,  of  taking  for  his  wages  a  chair  which 
cannot  be  divided  without  destroying  its  value,  he  takes  its  equi- 
valent in  money,  that  is  to  say,  he  takes  five  dollars  which  can  be 
divided  among  all  the  different  persons  to  whom  he  is  beholden 
for  the  necessaries  of  life. 

It  would  be  grave  error,  however,  to  assume  (as  superficial 
observers  often  do)  that  these  nine  chairs  or  forty-five  dollars, 
constituting  the  difference  between  the  total  product  of  this  laborer 
land  the  portion  of  it  which  he  receives  in  compensation  for  his 
toil,  all  go  to  the  employer  for  his  own  profit.  That  difference  is 
a  fund  from  which  must  be  repaid  every  person  who  contributed  in 
any  degi'ee  to  production  of  these  chairs.  The  woodman  who  cut 
down  the  trees  and  fashioned  them  into  logs;  the  carrier  who 


Minimum  Wage  Symposium  747 

transported  these  logs  to  the  saw-mill;  the  sawyer  who  converted 
them  into  lumber;  all  the  different  workers  by  whose  labor  the 
various  elements  constituting  the  chairs  were  produced ;  the  manu- 
facturer who  assembled  these  materials  in  the  factory;  the  me- 
chanic who  put  them  together;  the  dealer  in  whose  establishment 
the  finished  articles  were  offered  to  the  public ;  the  salesman  who 
sold  them;  the  truck  driver  who  delivered  them  to  the  ultimate 
purchasers;  all  these  must  be  paid  from  some  source  or  other. 
There  is  no  source  from  which  they  can  be  paid  except  the  pro- 
ceeds realized  by  sale  of  the  chairs. 

It  is  true  that  each  of  these  contributors  was  paid  for  his  con- 
tribution at  the  time  when  it  was  made,  and  this,  in  each  instance, 
was  before  the  chairs  were  sold. 

This  feature  of  production  has  proved  the  chief  source  of  those 
varied  misapprehensions  which  becloud  almost  hopelessly  the 
whole  problem  of  wages. 

Because  a  laborer  is  usually  paid  in  money  before  the  commodity 
produced  by  his  labor  has  been  sold  and  thus  converted  into  money, 
economists  have  jumped  to  the  conclusion  that  he  could  not  have 
been  paid  directly  from  his  own  product.  They  have  accordingly 
assumed  existence  of  a  fund  separate  and  apart  from  any  created 
by  the  laborer,  usually  called  a  "  wage  fund  ",  and  from  this  they 
picture  the  employer  drawing  money  which  he  bestows  or  "  ad- 
vances "  as  wages.  From  this  it  follows  naturally  that  the  rate  of 
wages  is  held  to  depend  upon  the  disposition  of  the  employer.  A 
generous  employer  will  draw  freely  from  his  "  wage  fund  ", — 
that  is  to  say,  he  will  pay  high  wages;  while  a  bad  employer 
will  draw  sparingly  from  it  —  that  is  to  say,  he  will  pay  low 
wages. 

Under  the  influence  of  this  idea  the  whole  problem  of  increasing 
wages  is  considered  to  turn  on  how  far  the  generosity  of  an  em- 
ployer can  be  moved  by  appeals  to  his  benevolence,  or  how  much 
can  be  extorted  from  him  by  threats  addressed  to  his  fears. 

This  whole  conception  might  be  dismissed  as  fantastic,  were  it 
not  that  it  has  given  rise  to  a  multitude  of  extravagant  proposals, 
none  of  which  could  be  adopted  without  prostrating  all  industry 
and  thus  drying  up  the  fountain  of  all  wages.  This  mistaken 
notion  of  wages  will  be  dispelled  and  the  sinister  superstructure  of 


748  Appendix  III 

misconception  resting  on  it  overthrown,  if  we  follow  a  little  fur- 
ther the  manifest  operations  of  industry. 

While  it  is  true  that  payment  of  a  laborer's  wages  in  money 
precedes  sale  of  his  product,  it  is  equally  true  that  no  laborer  has 
ever  been  paid  anything  until  his  labor  had  been  actually  per- 
formed. In  the  whole  range  of  industry  no  laborer  has  ever  been 
paid  wages  in  advance  on  his  mere  promise  or  agreement  to  per- 
form labor.  Actual  performance  of  labor  is  the  inexorable  condi- 
tion precedent  of  all  wages. 

The  laborer  whose  operations  we  have  been  considering  was  not 
paid  one  penny  in  wages  until  by  his  labor  in  completing  ten 
chairs  he  had  become  entitled  to  one  of  them.  Had  he  been  paid 
no  wages  in  money  at  the  end  of  the  day  he  would  have  remained 
the  owner  of  one  chair  worth  five  dollars,  while  the  employer 
would  have  been  the  owner  of  nine  chairs  and  of  five  dollars  in 
money.  After  payment  of  the  laborer's  wages  the  employer  owned 
ten  chairs,  and  the  laborer  five  dollars  in  money.  Here  the  em- 
ployer made  no  "  advance  "  of  capital  from  a  ''  wage  fund  ",  or 
from  any  other  fund  except  the  fund  that  had  been  created  by  the 
laborer  himself.  A  change  had  simply  been  effected  in  the  form 
of  some  capital.  Capital  to  the  extent  of  five  dollars  in  money  was 
exchanged  by  the  employer  for  capital  in  the  form  of  a  chair 
worth  five  dollars  belonging  to  the  laborer.  Before  the  laborer 
received  any  wages  he  had  first  produced  the  whole  of  his  wages, 
that  is  to  say,  he  had  produced  the  chair,  the  equivalent  in  prop- 
erty of  the  money  paid  him  in  wages. 

What  is  true  of  the  laborer  who  fashioned  the  chairs  is  true  of 
all  other  laborers  through  whose  co-operation  he  was  able  to  pro- 
duce them.  The  logs  which  formed  their  basic  material  were  of 
greater  value  than  the  trees  from  which  the  woodman  had  fashioned 
them  by  his  labor.  That  added  value  was  property  created  by 
him.  To  part  of  this  property  he  became  entitled  in  compensation 
for  his  toil  in  producing  the  whole.  And  it  was  this  property 
already  produced  by  himself  which  the  woodman  transferred  to 
the  employer  in  exchange  for  the  money  constituting  his  wages. 

This  process  was  repeated  at  each  stage  of  production.  At  its 
final  stage,  the  price  paid  by  the  manufacturer  for  the  various 
materials  of  his  chairs  included  every  dollar  paid  to  all  the  workers 


Minimum  Wage  Symposium  749 

by  whom  they  were  produced,  and  this  expenditure  on  his  part  is 
repaid,  when  the  chairs  are  finally  sold.  After  deducting  the 
amount  paid  for  materials  from  the  proceeds  of  the  chairs,  the 
remainder  constitutes  profit,  and  this  will  not  average  over  ten 
per  cent,  on  the  capital  employed  in  producing  them. 

The  conditions  under  which  chairs  are  produced  govern  the 
production  of  all  other  commodities.  The  wages  of  an  agricultural 
laborer  must  be  drawn  ultimately  from  the  crop  which  he  has 
aided  in  planting,  in  reaping  or  in  harvesting.  Before  the  miller 
can  begin  the  manufacture  of  flour,  he  must  first  obtain  the  raw 
material  of  his  product,  the  cost  of  which  includes  every  pertmy 
that  has  been  spent  in  sowing  wheat,  reaping  it,  harvesting  it,  and 
bringing  it  to  the  market.  And  so  the  wages  of  a  laborer  engaged 
in  building  a  road  must  be  drawn  from  the  profits  of  the  increased 
trade  which  its  construction  has  stimulated ;  the  wages  of  a  laborer 
employed  on  a  railway  must  be  drawn  from  the  revenues  earned 
by  the  service  of  which  he  is  a  part. 

All  industry  is  in  fact  one  vast  scheme  of  industrial  co-operation 
in  which  many  men,  strangers  to  each  other,  are  found  contribut- 
ing to  the  production  of  some  commodity,  or  the  prosecution  of 
some  enterprise,  though  frequently  unaware  of  their  common  ob- 
ject —  usually  ignorant  even  of  each  other's  existence;  and  all  the 
fruits  of  this  co-operation  (aside  from  the  portion  of  it  assigned  to 
capital  for  profit)  are  distributed  among  the  laborers  who  have 
contributed  to  produce  them. 

It  must  at  the  same  time  be  borne  in  mind  that  there  is  nothing 
to  distribute  among  laborers  except  the  product  to  which  they  have 
all  contributed. 

In  the  light  of  this  inescapable  fact,  the  difiiculty  of  fixing  a 
minimum  wage,  or  any  other  wage,  becomes  at  once  apparent. 

If  the  State,  believing  one  laborer  to  be  inadequately  paid, 
should  direct  that  his  wages  be  increased,  it  would  in  effect  be 
assigning  him  a  larger  proportion  than  he  now  receives  of  a 
product  to  which  many  other  laborers  must  have  contributed.  But 
in  that  event,  these  other  laborers  must  be  paid  less  than  the  pro- 
portion they  now  receive. 

If  the  laborer  who  finished  the  chairs  be  given  more  than  one- 
fifth  of  the  product,  the  woodman  who  cut  down  the  trees,  or  the 


750  Appendix  III 

sawyer  who  converted  the  logs  into  lumber,  or  some  other  laborer 
who  contributed  to  its  materials,  must  necessarily  receive  less,  for 
there  is  nothing  but  the  proceeds  of  the  chair  to  be  distributed 
amongst  them. 

Nobody,  it  can  be  assumed,  would  favor  raising  the  wages  of 
any  laborer,  however  poorly  paid,  by  cutting  down  the  wages  of 
another  even  though  he  be  highly  paid. 

But  it  is  insisted  that  wages  should  be  increased  by  distributing 
among  laborers  that  proportion  of  the  industrial  product  now 
allotted  to  capital  for  profit. 

The  ethical  merit  of  this  proposal  it  is  unnecessary  to  consider. 
It  will  be  sufficient  to  show  that  its  adoption  would  cause  not  an 
increase  but  a  reduction  in  the  rate  of  wages. 

To  deprive  capital  of  profit,  would,  of  course,  end  private  own- 
ership of  it.  No  one  would  assume  the  burden  of  caring  for 
capital  except  for  the  interest  or  profit  to  be  derived  from  employ- 
ment of  it.  If  private  ownership  of  capital  were  abolished,  the 
State  itself  must  assume  the  task  now  performed  by  owners  of 
capital.  But  with  the  State  in  control  of  all  industry,  the  essen- 
tial conditions  of  production  would  remain  exactly  what  they 
are  now. 

A  chair,  for  instance,  could  not  be  produced  under  any  system  of 
industry  until  necessary  materials  were  first  secured.  Trees  must 
still  be  cut  down  in  the  forest  exactly  as  at  present ;  logs  must  be 
sawn  into  lumber;  all  the  component  parts  must  be  assembled  in 
one  place,  before  they  can  be  combined  into  a  chair  available  for 
use.  And  the  cost  of  all  these  must  still  be  drawn  from  the  pro- 
ceeds of  the  chair  itself.  There  is  no  other  source  from  which  it 
could  be  drawn. 

The  only  difference  between  the  new  system  and  the  one  it  has 
displaced  is  that  government  employes  would  be  found  perform- 
ing for  salaries  exactly  the  same  task  that  individual  owners  of 
capital  are  now  performing  for  profit.  But  in  the  very  nature  of 
things  office  holders  drawn  from  all  elements  of  the  population 
could  not  perform  this  service  so  efficiently  as  men  specially 
trained  to  it,  who  have  spent  their  lives  in  performing  it.  That  is 
to  say,  the  same  services  rendered  by  office  holders  would  cost 
more,  and  therefore,  from  the  proceeds  of  a  chair  manufactured 


Minimum  Wage  Symposium  751 

under  these  new  conditions  a  larger  proportion  must  be  deducted 
to  cover  the  cost  of  directing  the  various  stages  of  its  production 
than  is  deducted  now  for  the  profits  of  capital.  Less,  therefore, 
of  the  proceeds  would  remain  for  distribution  in  wages  among  the 
different  laborers  who  had  contributed  to  produce  it. 

And  so  with  a  great  railway  service.  An  attempt  to  distribute 
all  its  earnings  among  the  laborers  by  whom  it  is  operated  without 
any  deduction  for  interest  on  bonds  or  dividends  on  stock  would 
result  not  in  raising  wages,  as  a  great  many  persons  believe,  but 
in  decreasing  wages. 

This  also  will  be  made  clear  by  examination  of  the  essential 
conditions  governing  operation  of  a  railway. 

Whether  a  railway  be  operated  by  owners  of  private  capital  or 
government  employees,  there  is  no  source  from  which  the  cost  of 
its  operation  can  be  paid  except  its  own  earnings.  Obviously, 
the  road  must  continue  to  earn  revenues  if  it  is  to  pay  any  wages 
at  all.  To  maintain  it  in  operation  worn  out  rails  must  be  re- 
newed, rolling  stock  must  be  acquired,  new  bridges  must  be  con- 
structed, old  ones  repaired,  to  say  nothing  of  extensions  or  new 
constructions.  Under  the  existing  system  these  requirements  are 
met  by  issues  of  stock  or  bonds,  that  is  to  say,  the  cost  of  them  is 
distributed  over  many  years,  usually  over  several  generations. 
But  under  a  system  which  permitted  no  dividends  to  be  paid  on 
stock  or  interest  on  bonds,  the  road  could  not  obtain  funds  for  any 
purpose  by  pledging  its  credit.  It  would  have  no  credit  to  pledge. 
The  whole  cost  of  maintenance  and  construction  must  therefore  be 
defrayed  from  current  revenues,  and  the  amount  which  must  be 
deducted  under  these  conditions  from  the  earnings  of  each  day 
would  vastly  exceed  the  amount  now  deducted  for  interest  on  bonds 
or  dividends  on  capital.  Much  less  of  the  earnings,  therefore, 
would  be  left  for  distribution  in  wages. 

From  all  of  which  it  is  clear  that  the  state  is  powerless  to  in- 
crease wages.  The  laborer  must  produce  his  own  wages,  and  all 
of  his  wages.  His  wages  being  part  of  his  own  product,  the  rate 
of  his  wages  must  necessarily  be  determined  by  the  value  of  his 
product.  In  the  very  nature  of  things  it  can  be  determined  by 
nothing  else.  For  if  he  be  paid  more  than  the  value  of  his  product 
he  is  employed  at  a  loss  and  an  employer  could  not  continue  to 


752  Appendix  III 

employ  laborers  at  a  loss  without  first  impairing  his  capital  and 
ultimately  destroying  it,  when  being  bankrupt  he  could  pay  no 
wages  at  all. 

Nor  can  a  laborer  be  paid  less  than  the  value  of  his  product  — 
at  least  for  any  considerable  period  of  time. 

The  only  object  which  could  govern  an  employer  in  paying  a 
laborer  less  than  the  value  of  his  product  would  be  to  secure  larger 
profits  on  his  own  capital.  But  if  by  persuading  or  forcing  his 
laborers  to  accept  disproportionate  wages  he  succeeded  in  gaining 
unusual  profits,  the  moment  this  became  apparent  other  capital 
would  enter  that  field  of  production  to  compete  for  a  share  of  these 
unusual  profits.  Capital  competes  against  capital  for  profit  even 
more  keenly  than  laborers  compete  against  each  other  for  em- 
ployment. Competition  of  capital  against  capital  in  any  field  of 
industry  must  take  the  form  of  competing  for  the  best  labor,  and 
this  would  inevitably  force  the  rate  of  wages  upward  until  such  a 
proportion  of  the  product  went  to  the  laborers  that  the  profits  of 
capital  would  be  reduced  if  not  extinguished.  It  would  then  be 
driven  to  seek  more  satisfactory  profits  in  some  other  field  of 
production. 

There  is  but  one  way  by  which  the  wages  of  labor  can  be  in- 
creased, and  that  is  by  increasing  the  volume  of  production. 

If  the  laborer  whose  operations  we  have  been  considering  could 
double  the  output  of  chairs,  his  wages  might  be  doubled  without 
changing  in  the  slightest  degree  his  own  proportion  of  the  product. 
That  proportion  remaining  one-tenth,  his  wages  would  be  two 
chairs  instead  of  one,  ten  dollars  instead  of  five  each  day.  But 
the  employer  could  much  better  afford  to  pay  ten  dollars  for  a 
product  of  twenty  chairs,  than  five  dollars  for  a  product  of  ten 
chairs.  In  the  one  case  the  surplus  over  and  above  the  laborer's 
share  would  be  eighteen  chairs  and  in  the  other  nine.  lieither  the 
laborer  nor  the  employer  would  here  be  taking  anything  from  the 
other.  They  would  be  dividing  an  increase  of  production,  accom- 
plished through  the  joint  efforts  of  both.  And  they  would  not  be 
the  only  beneficiaries  of  this  increased  production.  The  whole 
community  would  be  blessed  by  it. 

Production  of  chairs  cannot  be  increased  without  increasing 
the  materials  of  which  they  are  composed,  and  these  cannot  be 


Minimum  Wage  Symposium  753 

increased  without  additional  employment  of  labor.  Increased 
demand  for  labor  anywhere  operates  to  increase  the  rate  of  wages 
everywhere,  while  at  the  same  time  a  larger  production  of  chairs 
by  increasing  the  supply  necessarily  operates  to  diminish  the  cost 
of  them  to  purchasers. 

And  so  with  all  other  commodities.  Every  increase  in  pro- 
duction must  be  accomplished  through  increased  employment  of 
labor.  And  this  must  involve  not  merely  an  increase  in  wages  of 
the  laborer,  but  an  increase  in  the  purchasing  power  of  the  money 
in  which  he  is  paid,  through  a  general  fall  in  the  price  of  com- 
modities. 

Rising  wages  is  in  fact  the  essential  condition  of  growing  abund- 
ance, that  is  to  say  of  expanding  prosperity.  This  being  so,  wages 
cannot  be  too  high.  If  the  wages  not  merely  of  these  workers 
who  are  now  grievously  underpaid,  but  of  all  workers  could  be 
doubled  or  quadrupled  or  multiplied  fifty  fold,  it  would  not  be 
a  source  of  injury  to  anyone,  but  of  measureless  benefit  to  every- 
one, not  merely  in  this  country  but  throughout  the  whole  world. 

This  explains  (what  is  often  considered  a  paradox  of  political 
economy)  why  labor  which  is  paid  the  highest  wages  is  in  fact 
the  cheapest,  that  is  to  say  the  most  profitable  to  employ.  Slave 
labor  which  pays  no  wages  whatever  is  now  conceded  to  be  the 
least  profitable  of  all. 

The  correctness  of  the  position  here  assumed  is  confirmed  by 
the  very  exhaustive  inquiry  which  followed  the  gi-eat  railway 
strike  in  England  some  three  years  ago.  There  it  was  found  that 
the  wages  paid  by  some  roads  were  scandalously  inadequate  to 
support  life  in  comfort  or  even  in  decency.  But  these  were  roads 
that  paid  either  very  small  dividends  or  no  dividends  at  all.  On 
the  other  hand,  some  roads  were  found  to  be  paying  fair  wages. 
Without  exception  they  were  roads  which  yielded  substantial 
dividends  to  stockholders. 

Doubtless  this  Commission  has  found  identical  conditions  here. 
If,  however,  this  aspect  of  the  wage  question  has  not  been  fully 
examined,  further  inquiry,  it  is  confidently  believed,  will  show 
that  the  industries  which  pay  woefully  inadequate  wages  are  those 
where  profits  are  narrowest  and  most  precarious,  while  industries 
which  afford  decent  wages  are  those  where  profits  are  substantial 
and  permanent. 


754  Appendix  III 

That  wages  can  be  increased  only  through  increasing  the  volume 
of  production  is  the  cornerstone  of  an  industrial  system  built  on 
free  labor.  That  system  is  far  from  perfect.  Competition  of 
laborers  for  employment  has  often  produced  conditions  worse 
almost  than  those  of  servitude.  Yet  on  the  whole  it  is  the  best 
that  has  ever  been  established  by  civilized  men.  Under  it  progress, 
though  slow,  has  none  the  less  been  continuous.  Its  best  feature 
is  that  while  it  has  not  increased  splendor  or  magnificance  among 
rulers  at  the  top,  it  has  widely  extended  comfort  and  prosperity 
among  producers  at  the  base  of  the  social  structure.  A  king  or 
a  noble  is  a  much  less  imposing  personage  today  than  at  the  be- 
ginning of  the  seventeenth  century.  But  the  condition  of  a  work- 
ing man  has  improved  so  decisively  that  when  we  contrast  the 
daily  life  of  a  laborer  today  with  that  of  a  worker  even  a  hundred 
years  ago  it  is  difficult  to  believe  we  are  contemplating  the  samie 
order  of  created  beings. 

But  notwithstanding  the  vast  improvement  of  conditions  among 
workers  during  the  last  century,  and  even  during  the  last  genera- 
tion, the  fact  remains  that  this  Commission  has  found  many  per- 
sons, law-abiding  and  laborious,  unable  by  their  utmost  efforts 
"  to  maintain  themselves  in  decent  comfort." 

These  conditions  are  ulcers  on  the  body  politic  which  not  merely 
impeach  its  soundness  but  threaten  its  existence.  To  remedy 
them  —  and  at  once  —  is  the  pressing  duty  of  humanity,  and  the 
imperative  task  of  patriotism. 

Fortunately  a  remedy  complete  and  effective  is  feasible.  And 
it  is  not  far  to  seek. 

The  feature  of  social  progress  which  in  the  last  decade  has  been 
at  once  the  most  conspicuous  and  the  most  auspicious  is  the 
steadily  growing  disposition  to  place  men  who  serve  all  their  fel- 
lows by  laborious  effort  in  the  field  of  industry  on  the  same  level 
as  men  who  fight  strenuously  to  injure  some  of  their  fellows  on 
the  field  of  battle.  The  fighting  man  in  all  ages  and  all  countries 
has  been  the  object  of  peculiar  solicitude.  When  his  capacity  to 
bear  arms  is  ended  through  injuries  received  in  service  or  advance 
of  years,  he  is  pensioned  from  the  public  treasury. 

The  working  man  rendered  unable  by  age  or  accident  to  pro- 
vide for  himself  was  left  until  quite  recently  to  starve  or  seek 


Minimum  Wage  Symposium  T55 

the  shelter  of  some  public  asylum.  A  peculiarly  barbarous  system 
of  law  left  him  without  any  right  to  compensation  for  injuries 
sustained  in  the  course  of  his  employment,  if  they  were  caused 
by  the  negligence  of  a  fellow  employee,  which  under  modern  in- 
dustrial conditions  included  practically  all  injuries  to  which  his 
calling  exposed  him. 

If  a  building  were  injured  by  lightning  or  riot,  if  a  piece  of 
machinery  became  outworn  or  damaged,  if  a  dumb  brute  went 
lame  or  died,  the  employer  was  compelled  to  repair  these  losses 
from  his  capital.  By  adding  the  cost  of  them  to  the  price  of  his 
commodity  he  reimbursed  himself  at  the  expense  of  the  consumer. 
But  injuries  sustained  by  a  man,  woman  or  child,  laboring  to  en- 
rich him,  the  employer  could  disregard  absolutely.  All  this  has 
been  changed.  The  bai'barous  rule  of  law  which  made  a  man, 
woman  or  child,  the  only  element  contributing  to  production  that 
could  be  maimed  or  injured,  or  destroyed  with  impunity,  has  been 
abolished.  When  it  was  solemnly  adjudged  a  part  of  our  organic 
law  by  the  highest  force  of  the  State,  the  Constitution  itself  was 
amended  in  obedience  to  an  imperious  public  opinion,  and  almost 
by  a  unanimous  vote. 

In  some  countries  of  Europe  (and  they  the  most  important  in- 
dustrially), the  worker  is  now  pensioned  in  his  old  age.  And  this 
system  of  old  age  pensions  will  soon  become  a  feature  of  the  in- 
dustrial system  in  every  country. 

It  is  along  this  direction  that  the  Commission  will  find  the 
remedy  it  is  seeking. 

While  the  State  cannot  fix  a  wage  —  minimum,  maximum,  or 
intermediate  —  that  is  to  say,  it  cannot  interfere  with  the  distri- 
bution of  an  industrial  product  for  the  purpose  of  assigning  to 
any  one  worker  either  more  or  less  than  the  value  of  his  contri- 
bution to  it  —  it  can  impose  on  the  community  —  that  is  to  say, 
on  the  whole  body  of  industry  —  the  burden  of  removing  con- 
ditions which  discredit  and  endanger  it. 

This  would  not  involve  any  very  wide  departure  from  existing 
conditions  and  customs. 

It  has  long  been  an  accepted  duty  of  the  State  to  provide  food, 
shelter,  and  clothing  for  such  of  its  population  as  are  incapable  of 
providing  these  necessaries  for  themselves.     There  is  no  reason 


756  Appendix  III 

why  it  should  not  extend  this  benevolence  to  those  who  by  strenu- 
ous labor  succeed  in  providing  support  for  themselves,  to  some 
extent,  but  are  yet  unable  *'  to  maintain  themselves  in  decent 
comfort." 

Whether  such  an  extension  of  its  benevolence  by  the  State  is 
practicable  depends  of  course  upon  the  extent  of  the  drain  it 
would  impose  upon  the  treasury. 

It  must  never  be  forgotten  that  no  funds  can  be  paid  out  of  the 
treasury  in  benevolence  until  after  they  have  been  first  put  into  the 
treasury  by  taxation. 

There  is,  however,  no  reason  for  apprehending  that  such  a 
system  of  relief  would  overburden  the  treasur)^  iSJ^or  judging 
by  all  experience,  would  it  result  in  encouraging  idleness  and 
discouraging  thrift.  History  does  not  record  a  single  instance 
where  extension  of  benevolence  by  the  State  towards  the  helpless 
of  its  population  has  resulted  otherwise  than  in  benefit  to  the 
entire  community.  Persons  who  fail  to  support  themselves 
through  idleness,  vice,  or  depravity  have  long  been  supported  at 
the  public  expense,  yet  the  indigent  who  live  upon  public  alms 
have  not  been  increasing  but  steadily  decreasing  in  number. 
Few  will  stoop  to  eat  the  bread  of  charity  who  can  gain  by  any 
exertion  the  bread  of  independence,  however  coarse  and  scanty 
that  bread  may  be. 

The  difficulty  most  likely  to  be  experienced  in  making  such  a 
system  effective  would  not  spring  from  attempts  of  great  num- 
bers to  abuse  it,  but  from  reluctance  of  many  for  whose  benefit 
it  would  have  been  established  to  make  public  their  necessities. 
Pride  has  been  known  to  withstand  even  the  pangs  of  hunger; 
and  that,  too,  during  the  very  trying  winter  through  which  we 
are  actually  passing. 

To  establish  such  a  system  the  State  must  begin  by  tixing  a 
standard  of  living  and  declaring  it  the  lowest  that  will  be  per- 
mitted within  its  borders. 

To  enforce  this  standard  inspection  by  the  State  of  all  in- 
dustry would  be  essential.  This,  however,  would  not  involve 
anything  new  in  the  theory  or  practice  of  government. 

Factories  and  other  industrial  establishments  where  many  per- 
sons labor  are  now  inspected  for  many  purposes. 


Minimum  Wage  Symposium  757 

There  is  no  good  reason  why  this  system  of  inspection  should 
not  be  made  general.  Wherever  any  person  is  employed  for 
wages  the  State  should  charge  itself  with  the  duty  of  inspecting 
the  conditions  of  employment  —  not  merely  the  sanitary  condi- 
tions under  which  the  laborer  works  but  all  the  conditions  under 
which  he  lives  —  and  these  conditions  are  necessarily  determined 
by  the  wages  that  he  receives. 

Should  an  industrial  enterprise  be  found  earning  substantial 
profits  on  capital  while  its  laborers  are  paid  wages  insufficient  to 
support  them  in  decency  and  reasonable  comfort,  mere  publica- 
tion of  that  abuse  would  almost  inevitably  end  it.  In  the  first 
place  by  making  public  the  large  profits  earned  through  such 
methods,  competition  of  other  capital  for  a  share  of  these  profits 
would  be  almost  certainly  attracted,  and  this  of  itself  would 
operate  to  raise  the  rate  of  wages.  In  the  second  place  no  one, 
whether  managing  his  own  affairs  or  those  of  a  corporation,  could 
continue  to  exploit  laborers  in  the  light  of  full  publicity. 

Where,  however,  persons  were  found  earning  inadequate 
wages  because  the  industries  in  which  they  found  employment 
could  not  afford  to  pay  living  wages,  they  should  not  be  pre- 
vented from  continuing  to  earn  what  they  could,  but  these  scanty 
earnings  should  be  supplemented  by  contributions  from  the  pub- 
lic treasury  sufficient  to  meet  the  requirements  of  living,  accord- 
ing to  the  standard  fixed  by  the  State. 

As  on  the  battlefield  when  the  tide  runs  adversely  in  one  place, 
assistance  is  summoned  from  other  quarters  where  the  tide  is 
running  favorably,  so  on  the  field  of  industry  when  some  workers 
who  though  they  labor  valiantly  are  beset  by  disasters  that 
threaten  to  overpower  them,  assistance  should  be  afforded  by 
those  for  whom  the  tide  of  fortune  has  been  favorable  and  whose 
conditions  have  become  prosperous.  And  as  on  the  battlefield, 
warriors  driven  back  by  overwhelming  odds  after  struggling 
loyally  to  keep  their  places  on  the  line,  are  never  regarded  in  the 
same  light  as  deserters  who  shirk  altogether  the  burden  and  heat 
of  the  fray,  so  workers  who  after  loyal  labor  fail  to  win  decent 
support  for  themselves  and  their  dependents,  should  not  be 
treated  like  the  idle  and  the  vicious  who  wantonly  refuse  to  bear 
any  part  in  the  great  industrial  cooperation  which  we  call  civili- 
zation. 


768  Appendix  III 

Workers  whose  toil  is  iinfortuiiate  should  never  be  conlounded 
with  shirkers  whose  idleness  is  deliberate. 

Such  a  system  as  is  here  suggested  could  become  effective  only 
if  its  administration  were  placed  in  hands  thorougtily  sympa- 
thetic. Workers  who  are  victims  of  distressing  circumstances, 
but  who  prefer  to  conceal  their  distress  and  endure  it  rather 
than  obtain  relief  by  acknowledging  it,  should  be  diligently 
sought  out  and  persuaded  to  accept  assistance,  because  it  is  the 
interest  of  the  State  that  they  live  according  to  a  standard  which, 
without  that  assistance,  they  cannot  attain.  This  can  be  effected 
only  by  making  them  feel  that  they  are  not  regarded  as  mendi- 
cants whose  support  is  furnished  by  the  community,  because  a 
civilization  calling  itself  Christian  cannot  afford  to  let  them 
starve,  but  as  meritorious  persons  who  have  fallen  temporarily 
out  of  the  industrial  procession  through  no  fault  of  their  own,  and 
whose  constant  efforts  to  rejoin  it  the  State  is  anxious  to  aid 
not  solely  through  sympathy  for  them,  but  in  greater  measure 
through  regard  for  its  own  welfare  and  safety. 

Ample  returns  for  every  dollar  of  public  treasure  expended  in 
this  direction  will  be  found  in  improved  conditions,  moral  and 
material,  which  must  sensibly  lessen  the  total  cost  of  govern- 
ment; in  prompter  obedience  to  law  yielded  by  more  contented 
workers,  which  must  facilitate  enormously  the  maintenance  of 
order ;  in  a  higher  average  of  health,  which  must  insure  the  State 
more  vigorous  women  to  bear  the  children  who  will  be  its  citi- 
zens —  stronger  men  to  cultivate  its  fields  fruitfully  in  times  of 
peace,  and  guard  them  inviolate  in  times  of  war. 

These  conclusions  may  be  summarized  under  three  heads : 

First.  The  State  is  powerless  t-o  fix  a  rate  of  wages,  that  is  to 
say,  it  cannot  compel  payment  of  wages  to  any  worker  at  a  rate 
fixed  arbitrarily  by  itself  through  its  officers  or  departments; 
and  this  not  by  reason  of  constitutional  limitations  which  might 
be  removed  or  modified,  but  of  inherent  limitations  which  are 
immovable  and  inescapable. 

Second.  The  deplorable  conditions  found  by  the  Commission 
among  certain  workers  cannot  be  permitted  to  coniinue  without 
seriously  injuring  the  prosperity  of  the  community  and  gravely 
imperiling  the  security  of  the  whole  body  politic. 


Minimum  Wage  Symposium  Y59 

Third.  These  evils  must  be  remedied  not  by  attempts  of  the 
State  to  interfere  with  industry,  which  can  result  only  in  con- 
fusion and  disaster,  but  by  exercise  of  its  eleemosynary  powers 
which  can  be  invoked  effectively  to  relieve  the  distressful  conse- 
quences of  inadequate  wages. 


Statemejstt  or  Julius  Henby  Cohen 

The  Commission  will  do  well  to  study  the  report  of  the  Wage 
Scale  Board  in  the  Dress  and  Waist  Industry,  prepared  by  Mr. 
!Nr.  I.  Stone  and  about  to  be  issued  by  the  IT.  S.  Department  of 
Labor  (Bulletin  No.  146).  For  more  than  a  year,  at  the  joint 
expense  of  the  International  Ladies'  Garment  Workers'  Union 
and  the  Dress  and  Waist  Manufactures'  Association,  Mr.  Stone 
made  a  scientific  study  of  the  industry.  The  agreement  between 
the  Association  and  the  Union  provided : 

"  The  parties  hereby  establish  a  Wage  Scale  Board  to  consist 
of  eight  members  —  four  to  be  nominated  by  the  Manufacturers 
and  four  by  the  Union.  Such  Board  shall  standardize  the  prices 
to  be  paid  for  piece  and  week  work  throughout  the  industry;  it 
shall  preserve  data  and  statistics  with  a  view  to  establishing  as 
nearly  practicably  as  possible,  a  scientific  basis  for  the  fixing  of 
piece  and  week  work  prices  throughout  the  industry  that  will 
insure  a  minimum  wage,  and  at  the  same  time  permit  reward 
for  increased  efficiency.  It  shall  have  full  power  and  authority 
to  appoint  clerks  or  representatives,  expert  in  the  art  of  fixing 
prices,  and  its  procedure  so  far  as  practicable,  shall  be  the  same 
as  now  followed  by  the  Board  of  Grievances  in  the  Cloak  Industry. 
It  shall  have  full  power  and  authority  to  settle  all  disputes  over 
prices,  make  special  exemptions  for  week  work  where  special 
exigencies  arise,  or  a  special  scale  is  required." 

Mr.  Stone  demonstrates  in  his  report  that  a  "  minimum  wage  " 
that  does  not  take  care  of  the  "  learner "  or  "  apprentice  "  is 
utterly  impracticable  and  cannot  operate  without  injury  to  the 
workers  and  employers  alike.  Immediately  after  the  Protocol  of 
Peace  was  signed  in  January,  1913,  hundreds  of  girls  were  dis- 
charged, because  they  were  not  competent  to  earn  the  "  minimum 


760  Appendix  III 

wage  "  agreed  upon.  An  immediate  agreement  was  required  to 
provide  for  compensation  less  than  the  minimum  to  such  learners 
and  apprentices.  Even  now,  the  system  is  only  empirical  and 
must  be  worked  out  in  great  detail,  with  due  consideration  for 
all,  and  with  a  view  to  safeguarding  it  from  abuse. 

Mr.  Stone  recommends  as  the  solution  two  things,  a  thorougli- 
going  system  of  Industrial  Education,  and  a  thorough-going  system 
of  Apprenticeship,  inclvxiing  registration  and  joint  control. 

Obviously,  if  this  be  the  result  when  workers  and  employers 
are  jointly  co-operating  to  raise  standards,  how  much  more  diffi- 
cult will  it  be  for  the  State  to  carry  on  such  a  work  ? 

I  am  of  opinion  that  until  we  are  better  informed,  and  have 
a  system  of  industrial  education  equipping  learners  and  helpers, 
at  the  same  time  protecting  them,  a  legislative  program  for  stand- 
ard minimum  wages  would  be  a  mistake.  The  law  could  not  be 
enforced  practically.  '  Both  the  workers  and  employers  would  rebel 
against  it.  I  am  a  firm  believer  in  minimum  wage  regulation 
(primarily  by  the  industry  itself,  through  joint  boards),  but  I 
believe  the  first  step  is  to  gather  sufficient  data  to  work  out  a 
sane  system  of  apprenticeship  and  education  in  industry  for  girls 
and  women  —  safegTiarding  both  workers  and  employers  from 
abuse  of  the  system,  and  making  the  basis  for  an  ultimate  stand- 
ardization of  employment  which  will  safely  support  a  minimum 
wage. 

My  experience  convinces  me  that  to  legislate  without  recognition 
of  all  the  human  factors  involved  in  this  problem  is  dangerous. 
Our  hearts  are  naturally  moved  by  sympathy  and  a  sense  of  fair 
play  for  the  women  and  children  workers;  but  if  we  are  to  be 
the  physicians  of  the  situation,  we  must  prescribe  a  remedy  whose 
after-effects  will  not  bring  on  a  worse  ailment. 


Statement  of  Manfred  W.  Eheich 

My  reason  for  favoring  such  legislation  is  that  I  believe  tha"^ 

the  labor  of  a  normal  adult  woman  must  have  a  value  to  the 

community  at  least  equal  to  the  cost  of  properly  supporting  such 

woman.    It  is  not  possible  to  determine  the  actual  productive  value 


Minimum  Wage  Symposium  761 

of  the  labor  involved  in  any  one  of  the  very  specialized  opera- 
tions into  which  modern  industry  is  divided,  but  the  labor  of  an 
adult  worker,  engaged  in  the  performance  of  any  of  these 
operations  ought  to  be  worth  at  least  the  support  of  the  operator. 
My  basis  for  this  assertion  is  that  the  cost  to  the  community  of 
any  labor  demanding  the  full  day's  work  of  a  normal  adult  is  at 
least  the  cost  of  supporting  the  worker.  Unless  there  is  waste,  by 
reason  of  misdirected  energy,  over-production,  or  ineffecient  mana- 
gement, the  value  of  the  labor  should  be  at  least  equal  to  such  cost. 

It  may  be  argued  that  the  value  of  labor  is  determined  by  the 
selling  price  of  the  finished  article.  This  cannot  be  so,  for  the 
selling  price  of  the  finished  article  is  itself  largely  determined 
by  the  labor  cost.  It  may  be  argued  that  the  value  of  labor  is 
determined  by  the  law  of  supply  and  demand.  The  law  of  supply 
and  demand  fixes  the  price  of  labor,  not  its  value,  and  it  fixes  this 
price  at  the  wage  at  which  a  substitute  may  be  hired.  The  ever 
present  unemployed  tend .  to  keep  the  wage  of  the  unskilled 
laborer  close  to  the  starvation  point,  and  the  competition  of 
women,  not  wholly  dependent  upon  their  earnings,  frequently 
drives  women's  wages  below  the  cost  of  even  a  bare  existence.  The 
injury  resulting,  not  only  to  the  individual,  but  to  the  community, 
is  apparent.  As  an  honest  day's  work  of  a  normal  woman  is  pre- 
sumably worth  a  living  wage  —  that  is  a  wage  sufiicient  to  sustain 
the  worker  and  fairly  keep  her  in  health  —  and  as  the  present 
system  tends  to  drive  wages  down  to,  and  even  below,  the  starva- 
tion point,  some  artificial  method  of  keeping  wages  at  least  at 
the  living  point,  must  be  sought.  There  is  nothing  revolutionary 
about  the  arbitrary  enforcement  of  a  minimum  wage,  for  the 
State,  by  enforcing  the  payment  of  a  minimum  wage,  merely  does 
for  unorganized  unskilled  labor,  what  organized  labor  has  done, 
and  what  unorganized  unskilled  labor  cannot  do  for  itself. 

A  minimum  wage  statute  should,  I  think,  provide  for  the  deter- 
mination of  the  minimum  wage,  by  a  commission,  and  the  statutes 
of  Oregon,  Washington,  California  and  Minnesota  form  admirable 
guides  for  New  York  to  follow. 

The  question  of  extending  minimum  M-age  legislation  to  men  is 
one  of  much  difiiculty.  Men  in  the  unskilled  trades  are  no  doubt 
often  underpaid,  but  the  difficulty  is  not  so  much  that  they  are 


762  Appendix  III 

unable  to  obtain  an  individual  living  wage,  as  that  their  failure 
to  obtain  a  family  living  wage,  forces  their  wives  and  young  chil- 
dren into  the  stores  and  workshops.  The  enforcement  of  a  family 
living  wage  raises  difficulties  not  involved  in  the  enforcement  of 
an  individual  living  wage,  and  the  extension  of  minimum  wage 
legislation  to  male  employees  raises  a  constitutional  question  quite 
different  from  that  involved  in  the  decision  of  the  Supreme  Court 
of  Oregon  in  Stettler  v.  O'Hara. 

I  think  that  minimum  wage  legislation  should,  for  the  present, 
be  confined  to  the  enforcement  of  a  living  wage  for  women  and  a 
suitable  wage  for  minors. 


Statement  of  Raymond  B.  Fosdick 

Theoretically,  I  believe  in  minimum  wage  legislation,  or,  rather, 
I  believe  in  the  necessity  for  such  legislation.  I  do  not  see  how 
we  can  arrive  at  a  satisfactory  situation  in  this  respect  except  by 
legislation.  The  argument  that  such  matters  concern  private  en- 
terprise and,  therefore,  should  be  left  to  private  conscience  I  have 
no  sympathy  with.  The  time  is  past  when  we  can  afford  to  take 
any  such  position.  The  question  of  wages  has  become  a  matter 
of  public  conscience,  to  be  determined,  at  least  as  far  as  its 
minimums  are  concerned,  by  the  public  will. 


Statement  of  John  D.  Kernan 

Everyone  sympathizes  with  a  worker's  desire  and  abstract  right 
to  have  a  living  wage,  and  I  understand  that  your  Commission  is 
seeking  to  accomplish  this,  so  far  as  possible,  by  legislation.  One 
of  the  difficulties  with  such  legislation  is  that  if  it  disturbs  eco- 
nomic laws,  such  as  supply  and  demand,  competition,  etc.,  it  is 
apt  to  kill  the  goose  that  lays  the  golden  egg,  or,  to  exclude  capital 
from  activity  and,  perhaps,  drive  it  elsewhere  out  of  the  State.  I 
know  of  several  idle  plants  employing  many  men,  where  suspen- 
sion of  operation  was  principally  caused  by  the  union  attitude 
of  labor,  not  only  as  to  wages,  but  as  to  the  rules  making  for 


Minimum  Wage  Symposium  763 

efficiency.  This  illustrates  what  unwise  legislation  as  to  minimum 
wages  might  do.  It  might  also  tend  to  increase  the  tendency 
towards  spasmodic  work,  at  high  rates,  rather  than  steady  work 
at  a  moderate  wage,  which  would  seem  to  be  better  for  labor. 
There  is  too  inuch  of  this  evil  already.  Wages  of  masons  and 
carpenters,  for  instance,  have  been  pushed  up  hereabouts  until  it 
looks  as  though  the  large  majority  of  them  are  idle  much  of  the 
time.  Their  appearance  indicates  a  want  of  the  prosperity  that 
used  to  prevail  among  that  class  with  more  steady  work  at  much 
lower  wages,  or  than  can  be  found  in  the  country  to-day,  among 
masons  and  carpenters  who  work  for  from  $2.25  to  $3.50  for  ten 
hours,  and  who  supplement  their  earnings  with  their  own  eggs, 
milk,  butter,  vegetables  and  pork.  As  a  rule,  they  own  comfortable 
homes  with  some  land  about,  upon  which  lack  of  building  employ- 
ment enables  them  to  live  comfortably  on  the  products  of  the 
land.  It  seems  strange  that  no  labor  union  has  taken  hold  of  this 
idea,  but  has  simply  sought  to  benefit  its  members  by  urging 
higher  wages  and  shorter  hours.  Practical  economic  use  of  the 
time  saved  by  shorter  hours  upon  a  bit  of  land,  does  not  seem 
to  suggest  to  labor  unions  any  side  line  of  benefit  whatever  to 
their  members.  Living  in  small  fiats  in  crowded  sections  cuts 
labor  off  entirely  from  any  opportunity  to  use  any  of  the  time  out- 
side of  working  hours,  profitably. 

A  man  who  has  worked  for  me  for  many  years,  by  spending  an 
hour  after  supper  on  his  garden  patch  about  100  feet  square, 
raises  every  vegetable  in  plenty  for  his  family's  summer  and 
winter  use,  and  also  from  that  source,  and  from  garbage  waste, 
practically,  can  raise  a  couple  of  pigs.  ISTow,  instead  of  constantly 
seeking  the  doubtful  aid  of  more  legislation,  cannot  labor  benefit 
itself  more  effectually  through  land  or  leasing  ownership  and  cul- 
tivation ?  At  least,  is  not  the  the  idea  suggested  worthy  of  earnest 
consideration  and  discussion  on  the  part  of  labor  unions  ? 

The  Italians,  and  other  foreigners  in  and  about  Utica,  are  about 
the  only  people  that  raise  their  own  vegetables,  and  many  of 
them  can  be  found  with  large  families,  working  at  the  lowest 
wages,  who  are  prosperous  and  comfortable.  For  years  they  have 
been  the  principal  buyers  of  vacant  suburban  lots,  and  in  slack 
times  their  little  gardens  carry  them  through. 


764  Appendix  III 

Another  difficulty  to  be  remembered  in  considering  the  ques- 
tion of  legislation,  is  in  drawing  the  line  fairly  between  necessaries 
and  luxuries.  Is  not  the  definition  being  constantly  dangerously 
extended  so  as  to  include  more  and  more  of  luxuries  ?  Such,  for 
instance,  as  car-fares  for  moderate  distances,  money  far  amuse- 
ments, buying  everything  for  personal  and  home  use,  etc.  Do  we 
not,  all  of  us,  buy  bread,  nowadays,  instead  of  making  it,  wholly 
regardless  of  the  economic  factor  involved? 

Again,  will  not  minimum  wage  legislation  drive  out  of  employ- 
ment a  large  class  of  those  incapacitated  in  one  way  or  another 
from  doing  a  full  day's  work  ?  They  tell  me  there  are  many  such 
employed  at  much  less  than  going  wages,  largely  as  a  matter  of 
consideration  for  past  service,  or  for  other  personal  reasons.  Would 
it  not  be  a  great  pity  to  prevent  such  employment  by  any  such 
proposed  legislation  ? 

While  I  have  always  doubted,  for  economic  reasons,  whether 
very  much  can  be  accomplished  by  legislation,  toward  securing  for 
workers  a  so-called  living  wage,  I  am  earnestly  in  favor  of  doing 
everything  possible  to  bring  about  that  result  in  every  practical 
way. 


Statement  of  Jabvis  W.  Mason 
As  my  experience  has  been  that  of  a  professional  man  rather 
than  that  of  an  employer  of  labor,  I  doubt  very  much  whether 
my  opinion  would  be  of  any  value,  and  I  certainly  could  not, 
from  my  experience,  categorically  answer  the  questions  enumer- 
ated. Speaking  generally,  however,  on  the  subject  of  wages  and 
especially  minimum  wages,  I  am  of  the  opinion  that  there  should 
be  a  minimum  wage,  provided  some  method  can  be  formulated  for 
ascertaining  the  cost  of  living,  and  that  that  minimum  wage  should 
be  automatically  fixed  and  should  rise  and  fall  with  the  average 
cost  of  living.  That  for  a  man,  and  I  may  say  for  a  woman,  over 
twenty-five,  it  should  be  sufiiciently  high  to  enable  him  to  live 
thereon  personally  and  to  support  a  family  and  furnish  them  with 
the  necessities  of  life  and  something  more.  For  boys  under 
twenty  and  for  women  under  twenty-five,  perhaps  such  minimum 
wage  should  be  fixed  at  a  sum  necessary  to  provide  the  workman 


Minimum  Wage  SvMrosiuM  765 

individually  with,  the  necessities  of  life  and  something  more.  I 
fear  this  would  result  in  throwing  the  sub-normal  out  of  employ- 
ment ;  but  one  reason  why  the  nomial  wage  is  low  is  that  the  sub- 
normal competes  unfairly,  and  this  is  an  economic  condition 
which  cannot  be  avoided,  if  there  is  no  restriction  on  the  contract 
of  employment.  Under  such  circumstances  I  believe  it  would  be 
necessary  to  take  care  of  the  sub-normal  institutionally  mider  con- 
ditions where  what  ability  each  one  has  can  be  made  effective,  to 
the  end  that  the  support  of  the  sub-normal  need  not  be  a  burden 
on  the  normal. 

There  is  another  question  entering  into  the  minimum  wage  sub- 
ject, and  that  is  how  far  the  enforcement  of  the  minimum  wage 
law  would  prevent  New  York  manufacturers  and  business  men 
from  competing  with  those  in  other  states  and  foreign  countries. 
My  experience  has  not  fitted  me  to  answer  this  question  satis- 
factorily, but  I  am  of  the  opinion  that  the  exclusion  of  the  sub- 
normal from  ordinary  emploATnent  would  so  far  increase  the 
product  that  the  expense  to  the  manufacturers  and  business  men 
would  not  be  increased. 


Statement  of  Charles  F.  Mathewson 

Not  being  an  employer  of  labor  or  engaged  in  business  requir- 
ing operatives,  I  am  not  sure  that  my  views  are  of  value.  In- 
deed, I  confess  that  in  some  lines  they  are  hardly  crystallized 
and  that  on  many  phases  I  never  had  occasion  to  give  the  subject 
deep  thought. 

I  think  a  minimum  wage  will  tend  also  to  become  a  maximum 
wage.  It  will  affect  adversely  the  more  competent  workers.  It 
will  also  cut  off  from  employment  those  who  are  not  capable  of 
fairly  earning  the  minimum  wage,  thus  tending  to  decrease  the 
number  of  employees  and  leave  idle  the  less  competent.  I  am  not 
sure  that  this  will  be  a  good  thing;  I  am  inclined  to  think  rather 
that  it  is  a  good  thing  to  allow  a  person  of  small  capacity  to  earn 
what  he  can  without  forbidding  him  emplo^Tuent  by  establishing 
a  minimum  wage  which  he  cannot  earn. 

^Foreover,  especially  in  men's  emplovments,  organization  of 
workers  is  accomplishing  everything  that  is  desired  in  tlie  ad- 


766  Appendix  III 

vancement  of  wages.  Indeed,  they  have  succeeded  in  so  advanc- 
ing wages  that  in  many  industries  a  man  can  make  very  much 
more  than  the  average  clergyman  or  educated  school  teacher  can 
make,  after  his  years  of  preparation. 

The  only  possible  argument  that  I  can  see  for  a  minimum  wage 
is  in  the  case  of  women  and  minors,  particularly  minors ;  and  I 
am  inclined  to  think  that  the  education  and  power  of  public  senti- 
ment will  do  more  in  this  direction  than  any  other  force.  Artifi- 
cial fixing  of  rates  of  compensation  or  profit  in  industrial  enter- 
prises is  a  very  dangerous  practice. 


Statement  of  Yictoe  Moeawetz 

UndQubtedly,  some  workers  are  not  paid  adequately  in  relation 
to  others  and  it  would  be  desirable  to  give  all  workers  a  better 
return  for  their  labor  if  it  were  practicable  to  give  it  to  them. 
However,  all  the  workers  cannot  receive  more  than  the  aggregate 
amount  they  produce,  and  to  increase  the  wages  of  some  of  them 
by  establishing  a  minimum  wage  would  increase  the  aggregate 
production  little,  if  at  all.  Its  effect,  therefore,  would  be  merely 
to  change  the  existing  division  of  what  is  produced. 

So  far  as  a  minimum  wage  would  increase  costs  of  pro- 
duction and  prices,  the  burden  of  the  minimum  wage  would 
fall  upon  the  consumers  of  the  articles  affected,  including  all 
workers  in  the  community.  But  if  the  increased  cost  of  pro- 
duction should  prevent  New  York  industries  from  competing  suc- 
cessfully with  industries  not  subject  to  the  minimum  wage  require- 
ment, it  would  diminish  production  in  l^ew  York  and  take  away 
employment  not  only  from  those  whose  wages  it  is  desired  to  raise 
but  also  from  all  other  workers  in  the  same  business.  Further- 
more, it  should  not  be  forgotten  that  under  a  minimum  wage  law 
employers  would  give  no  employment  to  workers  who  are  not  worth 
more  than  the  minimum  wage  and  would  always  choose  the  best 
workers  they  can  obtain  at  that  wage,  the  result  being  that  many 
of  the  poorest  workers  would  be  deprived  of  all  means  of  earning 
anything. 


Minimum  Wage  Symposium  767 

Statement  of  Eveeett  P.  Wheeler 

My  main  objectiou  to  the  proposition  to  fix  a  minimum  wage 
by  law  is  this.  There  is  no  legislative  power  to  compel  em- 
ployers to  employ  any  particular  person,  any  more  than  there  is 
to  compel  any  particular  person  to  work.  When  slavery  was 
lawful  in  some  of  the  States,  the  master  could  compel  his  slaves 
to  work  and  on  the  other  hand  was  obliged  to  give  them  a  living 
wage.  When  they  grew  old  he  had  to  take  care  of  them.  The 
advocates  of  slavery  used  this  as  an  argument  in  its  favor.  But 
the  opinion  of  the  majority  in  this  country  was  that  slavery  was 
a  great  evil  and  that  whatever  benefits  might  ensue  from  the  con- 
ditions referred  to,  they  were  more  than  overbalanced  by  the 
evils.  The  war  settled  that;  the  Constitution  was  amended  so 
as  to  prohibit  it.  Yet  now  in  another  generation  we  see  humane 
people  proposing  to  revive  some  of  its  features.  The  effect 
of  a  minimum  wage  as  applied  to  unskilled  labor  will  necessarily 
be  to  throw  a  great  many  unskilled  laborers  out  of  employment. 
If  they  are  unworthy  of  the  wage  fixed  by  law,  they  naturally 
will  not  get  any  work.  My  observation  of  life  leads  me  to  think 
that  it  is  better  for  a  man  on  the  whole  to  scratch  along  even  at 
low  wages,  than  to  become  a  pensioner  on  the  State.  Everywhere 
you  will  find  that  people  with  any  self-respect  are  unwilling  to 
go  to  the  poor  house.  That  is  really  an  asylum  provided  by  the 
State  for  those  who  through  age  or  lack  of  skill  cannot  earn  a 
living. 

Again  I  find  a  fallacy  in  a  great  many  of  the  statements  that 
are  quoted  by  theoretical  social  workers  in  regard  to  the  cost  of 
living.  Many  plain  people  live  in  what  seems  to  them  sufficient 
comfort  on  very  much  lower  wages  than  these  philanthropists 
think  possible.  The  difficulty  in  this  country  as  it  presents  itself 
to  my  mind  is  that  there  are  many  rich  people  who  never  earned 
a  dollar  in  their  lives,  mostly  women  who  enjoy  the  fruits  of  the 
labor  of  the  men,  who  write  a  great  deal  on  these  philanthropic 
subjects  without  knowing  the  actual  facts. 

I  speak  with  the  more  confidence  on  this  subject  because  dur- 
ing my  long  life  I  have  made  it  a  point  to  mingle  with  the  plain 
people  a  good  deal.     I  have  been  active  in  local  politics.     I  am 


768  Appendix  III 

the  founder  of  one  of  our  settlements,  and  was  the  first  head- 
worker.  I  have  done  a  good  deal  of  Sunday  school  work,  worked 
on  my  grandfather's  farm  when  1  was  a  boy,  and  now  own  a 
farm  of  my  own.  In  this  way  I  have  had  a  very  varied  experi- 
ence and  think  have  kept  in  touch  as  much  as  any  man  of  my 
profession  with  the  actual  plain  people.  For  years  I  collected 
the  rents  of  a  block  of  tenement  houses  and  came  into  normal 
relations  with  the  people.  Many  philanthropists  consider  only 
the  very  poor,  those  whom  General  Booth  called  "  the  submerged 
tenth,"  and  do  not  understand  how  self-respecting  and  happy  the 
majority  of  our  plain  people  are. 


Minimum  Wage  Symposium  769 

IV.  REPRESENTATIVES  OF  LABOR 

Statement  of  Edward  A.  Bates 

This  is  an  important  problem  in  the  economic  and  industrial 
life  of  the  State  and  should  be  given  grave  consideration.  If  an 
effective  solution  is  to  be  had  many  matters  which  are  allied  and 
linked  with  it  must  be  considered,  such  as  hours  of  labor,  hygenic 
and  moral  surroundings.  This,  of  course,  on  the  assumption  that 
the  object  of  establishing  a  minimum  wage  is  to  elevate  the  con- 
dition of  the  female  workers. 

As  a  trade  unionist  I  believe  the  only  real  way  to  elevate  the 
condition  of  wage-earners  is  by  and  through  organization.  It  is 
true  that  labor  unions,  in  fixing  scales  of  wages,  establish  a  mini- 
m,um  wage,  but  this  wage  is  fixed  at  such  a  figure  that  any  member 
of  the  craft  would  be  able  to  live  and  not  merely  exist.  Besides 
the  wage  agreed  upon,  other  conditions  are  looked  after. 

I  am  somewhat  skeptical  as  to  the  advantage  to  wage-earners 
of  the  State  regulating  wages.  History  demonstrates  that  where  it 
has  been  done  in  other  countries  it  has  created  a  condition  akin 
to  slavery.  If  the  iState  arrogates  to  itself  the  privilege  of  estab- 
lishing a  minimum  wage  for  females,  what  is  to  prevent  it  regu- 
lating all  wages? 

There  is  no  question  but  there  is  a  crying  need  for  assisting  the 
female  wage-earner,  especially  in  the  mercantile  establishments 
of  the  State,  but  it  is  a  question  if  minimum  wage  legislation  will 
solve  the  problem.  Is  there  not  danger  that  female  employees  in 
factories  and  offices,  who  are  now  receiving  a  little  beyond  a  mere 
living  wage,  would  sink  to  the  minimum  rate  established  by  the 
State  ?  This  is  the  history  largely  of  minimum  rates  established 
by  trade  unions. 

Some  states  have  enacted  legislation  along  this  line.  The  laws 
have  not  been  in  operation  long  enough  to  judge  with  any  degree 
of  accuracy  what  is  to  be  accomplished.  It  is  to  be  hoped  if  en- 
acted, that  the  law  will  do  what  its  promoters  intend  it  for  — the 
rescue  of  the  thousands  of  ill-paid  female  workers.  It  will  re- 
quire time  demonstrate  this. 
Vol.  1  —  25 


770  Appendix  III 

Statement  of  Homer  D.  Call 

I  am  heartily  in  favor  of  legislation  establishing  a  minimum 
wage  for  women,  and  make  it  sufficiently  high,  to  insure  them  a 
decent  living.  I  favor  that,  because  of  the  fact  that  they  are  not 
well  organized  throughout  the  country  and  their  occupations  are 
such  that  it  makes  it  difficult  to  reach  them,  and  they  are  also 
deprived  of  the  priviledge  of  the  ballot  and  can  have  nothing  to 
say  through  a  political  affiliation,  as  to  what  the  laws  shall  be  to 
govern  them;  therefore,  I  believe  it  is  only  a  fair  proposition  to 
establish  a  fair  wage  by  law.  But  as  to  men,  who  have  the  ballot, 
and  also  the  full  opportunity  to  organize  for  their  own  protection, 
and  if  they  haven't  sufficient  ambition  to  do  so,  and  through  the 
medium  of  arbitration  secure  a  fair  and  honest  division  of  the 
profits  on  their  labor,  let  them  accept  the  situation  as  it  is  and 
make  the  best  of  it,  until  they  are  willing  to  make  an  effort  in 
their  own  behalf.  I  believe  that  any  effort  to  aid  them  through 
legislation  is  time  wasted. 


Statement  of  Timothy  Healy 

It  affords  me  pleasure  to  answer  your  recent  communication, 
requesting  my  opinion  on  the  importance  of  legislation  towards 
putting  into  effect  a  miniin,um  wage  law  for  the  benefit  and  pro- 
tection of  working  people  in  the  State  of  New  York. 

With  regard  to  the  advisability  of  enacting  such  legislation, 
my  long  experience  and  association  with  men  interested  in  all 
questions  relating  to  the  interests  and  welfare  of  labor,  warrants 
me  in  advising  your  Commission  that  there  is  no  doubt  in  my  mind 
that  such  a  law  would  prove  itself  a  lasting  benefit  to  all  who  may 
be  directly  benefited  or  protected  by  it,  as  well  to  the  public  in 
general  throughout  the  Empire  State. 

The  trying  conditions  forced  upon  all  classes  of  labor,  under 
modern  industrial  wage  systems,  make  it  essential  that  the  Sta-te 
should  adopt  suitable  laws  for  the  protection  and  welfare  of  all 
persons  who  depend  on  just  compensation  for  a  decent  living  for 
themselves  and  their  families. 


Minimum  Wage  Symposium  771 

While  it  is  thoroughly  established  that  women  and  minora 
deserve  and  shQuId  receive  the  first  consideration  in  the  enactment 
of  minimum  wage  laws,  yet  the  fact  must  not  be  overlooked  that 
for  the  most  part  women  and  children  are  dependent  on  the  wages 
of  men,  and  when  circumstances  force  upon  men  the  acceptance  of 
wages  below  an  amount  sufficient  to  provide  food  and  shelter  for 
such  homes,  the  women  and  children  are  again  biurdened  with 
great  hardships  and  distress. 

My  conclusion,  therefore,  would  be  that  a  minimum  wage  law 
protecting  the  interests  and  rights  of  working  people  in  general 
is  necessary  to  conserve  the  health  and  happiness  of  all  who  toil 
for  a  living,  and  the  economic  welfare  of  the  State  at  large,  and 
in  the  successful  application  of  such  law,  I  see  nothing  to  pre- 
vent it. 


Statement  of  James  P.  Holland 

Since  the  formation  of  organized  trades  in  the  labor  movement, 
the  minimum  wage  question  has  received  much  favorable  con- 
sideration, not  only  by  its  leading  advocates  in  organized  labor, 
but  by  the  membership  in  general  and  judging  from  the  result  of 
which,  I  may  say  that  a  suitable  law,  recognizing  this  important 
moral  and  economic  principle  of  governmental  protection  and 
justice  would  receive  the  sanction  of  the  general  public  as  well  as 
confer  a  genuine  benefit  on  all  persons  dependent  on  wage  earn- 
ings for  a  livelihood. 

But  with  regard  to  a  minimum  wage  law  in  its  specific  effects 
upon  men,  women  and  minors,  recent  industrial  investigations  and 
reports  have  established  the  urgent  necessity  for  effective  legis- 
lation covering  all  classes  of  wage  earners.  The  fact  remains, 
however,  that  women  and  minors  suffer  far  greater  disadvantages 
than  men  under  the  present  wage  system,  and  for  the  purpose  of 
establishing  not  only  their  natural  and  lawful  rights,  should  the 
!plroposed  law  commend  itself,  but  the  far  reaching  economic 
importance  to  the  general  public  in  protecting  this  helpless  class 
of  labor  from  unscrupulous  employers,  who  make  a  specialty  of 
exploiting  them,  cannot  be  overestimated. 


772  Appendix  III 

With  r^ard  to  the  enforcement  or  administration  of  such  legis- 
lation, I  see  no  reason  why  it  could  not  be  administered  with  the 
same  degree  of  facility  as  the  Workmen's  Compensation  Law,  the 
regulation  of  legal  interest  rate  charges  by  State  governments  in 
protecting  the  rights  of  capital  from  unreasonable  charges,  and  by 
the  national  government  in  dealing  with  problems  coming  within 
the  jurisdiction  of  the  Inter-State  Commerce  Law. 


Statement  of  Emanuel  Koveleski 

I  am  heartly  in  favor  of  the  enactment  of  the  law,  creating  a 
minimum  wage  large  enough  to  allow  the  women  to  live  as  Ameri- 
cans should.  The  law  should  be  a  drastic  one;  any  violation  of 
same  should  be  punishable  by  imprisonment,  and  not  a  fine  of  a 
few  dollars,  which  employers  of  women  could  readily  pay.  It  is 
a  shame  and  a  blot  on  the  fair  name  of  this,  the  great  Empire 
State,  to  allow  employers  to  pay  women  such  small  wages ;  in  many 
cases  so  small  that  it  saps  away  the  ambition  and  compels  women 
to  sacrifice  their  honor,  and  where  they  have  strength  enough  to 
resist  temptation,  their  food  and  living  environment  unfit  them  to 
become  mothers.  My  wish  is  that  the  Commission  keep  up  its  good 
work  until  the  wages  paid  our  women  will  compare  favorably  with 
those  paid  in  other  States.  Every  man  running  for  a  political 
office,  should  be  made  to  declare  himself  in  regard  to  this  import- 
ant subject,  and  should  his  decision  be  unfavorable,  strong  effort 
should  be  made  to  defeat  him,  and  elect  those  who  favor  a  law 
governing  the  minimum  wage  for  women.  It  is  a  very  difficult 
thing  to  say  just  how  much  the  minimum  wage  should  be.  In 
my  opinion,  $10  per  weeek  would  be  small  enough.  In  regard 
to  minor  children,  I  would  favor  the  enactment  of  a  law  forbidding 
any  child  to  work  in  this  State  under  the  age  of  16,  and  if  it 
can  be  proven  that  a  family  is  not  self-sustaining,  some  provision 
should  be  made  by  the  State  to  keep  them.  Every  case  should 
be  thoroughly  investigated,  and  no  permits  given  to  children  under 
16  years  of  age. 


Minimum  Wage  Symposium  773 

Statement  of  James  M.  Lynch 

In  your  communication  of  October  1st  you  ask  for  my  views 
on  the  subject  of  minimum  wage  legislation,  and  I  have  not  re- 
plied earlier  for  the  reason  that  it  is  somewhat  difficult  for  me 
on  such  a  far  reaching  and  revolutionary  subject  to  fully  and 
clearly  express  myself  on  paper. 

Of  course,  all  right  thinking  citizens  will  favor  the  propo- 
sition of  a  minimum  wage  for  women  considered  by  itself,  but  to 
me,  and  as  a  result  of  my  experience  in  the  trade  union  move- 
ment, there  are  other  dangers  and  difficulties  associated  with  the 
problem  that  must  be  taken  into  consideration.  One  of  the 
greatest  of  these  is  the  conditions  under  which  the  woman  worker 
is  now,  and  then  will  be,  obliged  to  labor  and  the  discrimination, 
deductions  and  fines  that  might  be  levied  against  "women  under 
the  minimum  wage,  so  that  in  the  end  the  actual  wage  would  be 
no  greater  than  at  present,  and  the  burdens  of  employment  made 
appreciably  greater. 

If  the  law,  establishing  minimum  wage  provisions  admin- 
istered throoigh  non-partisan  minimum  wage  boards,  will  also 
give  to  these  boards  the  right  to  review  and  fix  not  only  wages 
but  all  working  conditions  and  the  authority  to  set  certain 
standards  below  which,  these  conditions  shall  not  go,  then  I  be- 
lieve that  many  of  the  evil  effects  that  I  have  in  mind  will  be 
minimized,  if  not  entirely  obliterated. 

The  Oregon  minimum  wage  board  idea  might  be  adopted  with 
such  changes  as  may  be  necessary  in  this  State,  but  the  powers  of 
these  wage  boards  should  be  amplified,  subject,  if  advisable  or 
desired  by  either  party  to  a  wage  adjustment,  to  review  by  a  de- 
partment to  be  added  to  the  State  Labor  Department.  It  should 
be  borne  in  mind  that  this  is  the  great  industrial  State  of  the 
Union,  and  that  all  social  legislation  enacted  in  this  State  has  its 
later  effect  and  generally  its  counterpart  in  other  States,  and 
also  that  it  bears  more  heavily  on  industry  in  this  State  than  in 
any  other  State. 


7Y4  Appendix  III 

Statement  of  Helen  Makot 

The  position  which  I-  take  on  wages  boards  is  the  one  which  I 
consider  is  valid  for  trade  unionists. 

All  unionists  oppose  the  creation  of  wages  boards  for  the  regu- 
lation of  wages  in  organized  trades.  Also  all  unionists  oppose 
the  fixing  of  minimum  rates  of  wages  for  men  by  the  State  in 
either  organized  or  unorganized  trades.  In  other  words  there 
are  unionists  who  have  endorsed  the  movement  for  minimum 
State  rates  for  women.  This  distinction,  which  a  minority  of 
trade  unionists  have  made  I  do  not  consider  sound.  If  women 
need  State  protection  on  the  ground  that  they  do  not  organize 
as  men  do,  then  also  do  the  mass  of  unskilled,  unorganized  men 
who  do  not  appreciate  or  take  advantage  of  organization.  More- 
over it  has  not  been  proven  that  men  depend  on  organizations  of 
their  own  and  that  women  do  not.  Men  outnumber  women  in 
organizations  as  they  outnumber  them  in  industry.  The  reasons 
for  trade  unionists  to  oppose  the  State  interference  in  wage  rates 
apply  to  women  workers  as  they  do  to  men. 

Composition  of  Wages  Boards 
The  proposition  is  to  create  wages  boards  composed  of  repro- 
sentatives  of  workers  and  employers  as  well  as  of  the  public.  It 
is  also  the  immediate  purpose  of  the  boards  to  operate  in  unorgan- 
ized industries.  The  proposition  is  self-contradictory.  It  is  im- 
possible to  have  representation  without  organization.  The 
workers  in  a  trade  are  not  represented  if  the  State  boards  or  com- 
missions select  workers  and  appoint  them  to  their  position.  Such 
workers  are  representatives  of  the  State.  It  is  a  remarkable  as- 
sumption, in  this  republican  country,  to  call  a  man  a  representa- 
tive of  a  group  who  has  been  selected  and  not  elected;  who  has 
been  selected  by  people  not  of  his  group.  The  promoters  of 
wages  boards  state  that  this  substitution  of  appointment  and 
selection  for  election  which  gives  representation  is  a  temporary 
expedient  They  make  the  statement  that  wages  boards  will  in- 
duce organization  and  from  this  organization  future  representa- 
tion will  be  had.  But  trade  unionists  are  the  only  people  who 
are  competent  to  judge  what  will  and  will  not  induce  organiza- 
tion.    They  know  that  unions  are  merely  nominal  which  are  in- 


Minimum  Wage  Symposium  7Y5 

duced  or  superimposed  by  others  than  the  workers  themselves  and 
that  a  nominal  union  has  no  power  to  improve  or  change  the 
conditions  of  an  industry,  that  they  have  no  more  power  to  effect 
change  than  have  individual  workers  for  they  have  no  collective 
will.  Moreover  unions  which  exist  in  name  become  a  substitute 
■and  a  mockery  of  unionism  in  a  trade  or  an  industry. 

State-Made  Unions 
If  minimum  wages  boards  live  up  to  their  statutory  require- 
ments of  representation  of  workers  on  the  boards  it  is  obviously 
necessary  from  the  foregoing  for  the  State  and  those  working  in 
conjunction  with  the  State  boards  to  impose  organization  if  the 
boards  are  to  operate  in  unorganized  trades.  The  unions  of 
Australia,  after  twenty  years  of  experience  with  State-made 
unions  created  in  the  interest  of  wages  boards,  are  realizing  the 
insidious  and  devitalizing  effect  of  such  unions  on  the  labor 
movement. 

Wage  Rates  Based  on  Cost  of  Living 

The  effect  of  State-induced  unions  is  no  more  enervating  thoTi 
is  the  practice,  which  State  boards  presuppose,  of  basing  wage 
rates  on  subsistence  computations.  If  the  findings  of  a  board 
fixes  the  cost  of  living  for  one  group  of  workers  in  a  locality  at  a 
stated  sum,  it  fixes  the  cost  for  all  workers  in  the  locality.  Sub- 
sistence cost  is  the  same  for  cigar  makers  as  it  is  for  bookbinders 
or  for  waist  makers.  If  union  men  and  women  agree  to  the 
findings  of  wages  boards,  i.  e.,  to  a  minimum  wage  fixed  by  the 
cost  of  living  for  any  one  group  they  agree  to  the  cost  for 
all.  In  joint  action  with  the  State  they  have  fixed  the  minimum 
rate  of  wages  on  the  mind  of  the  community  and  have  compro- 
mised their  bargaining  force  and  position  as  trade  unionists. 
They  have  surrendered  their  driving  power  for  static  methods. 
They  have  rendered  themselves  incompetent  in  their  own  field 
and  have  fixed  a  condition  which  it  is  the  business  of  unions  to 
render  pliant. 

Minimum  Rate  Becomes  the  Maximum 
The  union  method  is  never  to  agree  to  a  minimum  paid  in  an 
unorganized  trade  or  one  partly  organized.     A  union  minimum 


776  Appendix  III 

is  usually  the  maximum,  or  near  it  which  is  paid  in  the  trade. 
A  State  fixed  minimum  is  the  minimum  for  the  trade.  Unions 
cannot  take  part  in  fixing  minima  through  the  State  and  expect 
to  turn  around  the  next  day  and  fix  new  minima  in  the  same  or 
other  trades  of  the  same  level. 

It  is  not  a  theory  with  trade  unionists  that  State-made 
minima  will  become  the  maxima.  Trade  unionists  out  of  their 
own  experience  know  tliat  maximum  rates  fall  to  minimum  rates 
in  trades  where  the  union  has  lost  its  driving  power.  It  is  not 
the  business  of  a  State  to  act  in  the  interest  of  labor  but  in  the 
interest  of  labor  and  capital  and  the  consuming  public.  It  can- 
not act  as  a  driving  force  for  labor.  With  the  State  incompetent 
to  act  as  a  driving  force  and  the  unions  committed  to  the  wage 
boards  award,  and  their  driving  force  also  gone,  it  is  inevitable 
that  State-made  minima  will  become  the  maxima. 

The  Fixing  of  Hours  vs.  the  Fixing  of  Wages 

Why,  it  is  asked,  do  unionists  agree  to  the  State  regulation  of 
hours  and  not  to  the  State  regulation  of  wages?  The  object  of 
unions  is  to  force  hours  down  and  wages  up.  There  is  a  limita- 
tion fi_xed  by  natural  laws  to  the  reduction  of  hours.  The  reduc- 
tion of  hours  will  at  last  reach  a  vanishing  point.  The  interest 
of  labor  in  wage  rates  goes  the  other  way;  there  is  no  such  limit 
to  the  possibilities  in  the  driving  up  of  wages.  Hope  lies  that 
way.  It  is  of  advantage  in  realizing  that  hope,  to  establish  a 
fixed  number  of  working  hours  as  a  standard  or  a  pivotal  point 
for  all  labor  around  which  wage  rates  may  be  computed  and 
standardized.  The  more  generally  the  public  ac42epts  a  universal 
working  day,  fixed  by  organized  labor  as  the  standard  day,  the 
the  simpler  becomes  the  task  of  collective  bargaining  for  scales  of 
wages.  Hours  can  be  universal  for  all  grades  and  classes  of 
labor,  or  nearly  so.  It  is  desirable  for  organization  purposes 
that  there  should  be  this  universal  basis  for  skilled  and  unskilled 
labor.  It  is  not  desirable  from  any  labor  point  of  view  that 
wages  should  either  be  universal  or  fixed. 

It  is  the  claim  of  the  promoters  of  wages  boards  that  unions 
have  not  protected  the  poorest  paid  workers  nor  is  it  possible  for 


Minimum  Wage  Symposium  777 

them  to  do  so,  that  they  should  therefore  endorse  the  minimum 
wage  board  movement.  It  will  bo  difficult  to  persuade  the  unions 
that  wage  boards  are  the  alternative  if  their  creation  compromise 
the  function  and  the  power  of  the  unions ;  if  the  tendency  of 
State-miade  rates  of  wages  is  for  minimum  rates  to  become 
maximum.  Unions  realize  moreover  that  the  very  existence  of 
a  virile  labor  organization  in  a  country  among  a  minority  of  the 
workers  acts  as  a  protection  against  wage  reductions  for  the  mass 
of  unorganized  workers.  The  latent  possibility  of  a  rebellion  in 
an  organized  trade  and  the  readiness  of  the  organized  workers 
to  back  up  the  rebellion  is  more  potent  as  an  economic  lever  than 
are  State  wag-es  boards.  It  is  the  first  obligation  of  the  unions 
therefore  to  resist  a  movement  which  would  weaken  their  driving 
power. 

Consumers,  who  are  not  wage  workers,  could  make  advant^ 
ageous  reports  on  cost  of  living.  As  a  consumer  he  is  competent 
to  pass  on  prices.  But  it  is  the  business  of  producers,  that  is  the 
workers,  to  determine  at  what  price  they  will  sell  their  labor. 


Statement  of  John  Mitchell. 
Responding  to  your  request  for  an  expression  of  my  views  on 
the  subject  of  minimum  wage  legislation,  I  write  to  say  that  so 
far  as  I  know  every  official  and  unofficial  investigation  of  the 
subject  of  wages  that  has  been  made  in  the  United  States  has  re- 
sulted in  a  finding  of  fact  that,  so  far  as  women  and  minors  are 
concerned,  the  wages  paid  to  a  large  percentage  of  these  workers 
are  lower  than  the  amount  required  to  enable  them  to  live  healthy 
and  normal  lives.  If,  as  I  anticipate,  the  New  York  State 
Factory  Investigating  Commission  shall  find  as  a  result  of  its  in- 
quiries that  the  wages  paid  to  a  large  proportion  of  the  women  and 
minors  employed  in  the  industries  of  the  State  of  New  York  are 
insufficient  to  enable  these  workers  to  maintain  themselves  in 
health  and  decent  comfort,  it  will  be  necessary  for  the  Commission 
to  make  such  recommendations  as  shall,  in  its  judgment,  offer  a 
solution  of  the  gravest  of  all  human  problems,  to  wit :  the  means 
by  which  the  weakest  and  most  helpless  of  our  people,  from  an 


778  Appendix  III 

enonomic  standpoint,  shall  be  guaranteed  such  remuneration  as 
will  enable  them  to  live  healthy,  normal  lives. 

Under  the  industrial  conditions  existing  today  it  is  impossible 
for  each  individual  wage  earner,  and  especially  for  each  indi- 
vidual woman  wage  earner,  to  work  out  a  solution  of  this  problem. 
Competition  for  employment,  an  over  supply,  even  in  normal 
times,  of  applicants  for  work,  has  prevented  wages  from  rising 
as  rapidly  as  the  cost  of  living  has  risen,  and  in  many  instances 
has  prevented  wages  from  rising  at  all.  The  consequence  is  that 
as  women  in  ever  larger  numbers  enter  the  industrial  field  as  wage 
earners,  the  struggle  among  them  for  existence  becomes  more  keen 
and  acute,  and  the  responsibility  of  society  with  respect  to  the 
welfare  of  those  engaged  in  this  struggle  is  correspondingly  in- 
creased. 

The  condition  of  wage-earning  women  and  minors  has  been  the 
subject  of  constant  solicitude  and  earnest  consideration  on  the 
part  of  the  trade  unions  of  our  country.  Especial  and  exceptional 
efforts  have  been  made  by  the  national  and  international  organiza- 
tions of  labor  and  by  the  American  Federation  of  Labor  to 
organize  women  wage  earners  into  trade  unions,  and  to  some  ex- 
tent these  efforts  have  met  with  success.  To  a  gratifying  degree, 
through  the  efforts  of  the  trade  unions,  the  wages  of  women  in 
some  industries  have  been  increased  and  the  hours  of  labor  re- 
duced. However,  it  must  be  admitted  that  the  activities  of  the 
trade  unions  in  organizing  women  wage  earners  have  not  met  with 
that  general  response  and  effective  result  that  have  attended  the 
efforts  of  the  trade  unions  to  organize  men  and  to  improve  and 
elevate  their  conditions  of  life  and  labor.  Wage-earning  women 
are,  as  a  rule,  more  difficult  to  organize  than  are  men.  While 
many  women  spend  their  entire  lives  as  wage  earners,  very  few 
of  them  enter  industry  with  the  expectation  of  doing  so.  The 
average  woman  expects  to  marry  and  have  the  shelter  of  a  home, 
therefore  the  necessity  and  importance  of  becoming  a  member  of 
a  trade  union,  and  through  this  avenue  attempting  to  establish 
higher  wages  and  better  conditions  of  employment,  do  not  appeal 
to  her  with  the  same  force  as  they  do  to  wage-earning  men,  who 
expect  to  spend  their  whole  lifetime  as  workers  in  the  field  of 
industry. 


Minimum  Wage  Symposium  779 

Because  of  this  condition  it  seems  to  me  that  society,  that  is, 
the  State,  is  under  obligation  to  protect  and  safeguard  the  health 
and  well-being  of  women  and  girls,  since,  in  the  final  analysis, 
the  welfare  of  society  itself  depends  upon  the  health  and  weP- 
being  of  those  who  are  to  be  the  mothers  of  the  generations  that 
are  to  come.  We  have  no  right  to  expect  a  better  civilization 
unless  we  who  live  now  see  to  it  that  these  potential  mothers  are 
guaranteed  while  they  are  employed  in  industry  a  wage  sufficiently 
high  and  hours  of  labor  sufficiently  limited  to  enable  them  to  live 
healthy  and  normal  lives. 

I  am  well  aware  that  many  thoughtful,  earnest  defenders  of 
the  interests  of  the  wage-earning  masses  view  with  apprehension 
any  attempt  on  the  part  of  the  State  to  regulate  the  wages  of 
workers  employed  in  privately-owned  enterprises.  I  am  aware 
that  there  are  among  women  wage  earners  those  who  fear  that 
the  establishment  by  law  of  minimum  wages  would  operate,  in 
the  long  run  if  not  immediately,  against  the  best  interests  of  the 
wage  earners  themselves.  However,  so  far  as  legislation  of  this 
character  is  made  applicable  to  women  and  minors  I  do  not  share 
this  apprehension.  My  judgment  is  that  minimum  wage  laws 
applicable  to  women  and  minors,  if  properly  drawn,  would  prove 
of  real  and  lasting  benefit,  not  only  to  those  immediately/  affected, 
but  also  to  society  at  large. 

In  making  this  statement  I  do  not  wish  to  be  understood  as 
favoring  the  fixing  of  wages  by  statute.  It  seems  to  me  that  it 
would  be  proper  and  in  the  interest  of  justice  if  your  Commission 
would  recommend  the  creation  of  a  minimum  wage  commission, 
such  commission  to  be  given  authority  to  organize  joint  wage 
boards  composed  of  an  equal  number  of  employers  and  wage 
earners,  in  each  department  of  industry  in  which  women  and 
minors  are  employed,  the  province  of  such  boards  being  to  con- 
sider, and  if  possible  determine,  the  amount  of  wages  which  as  a 
minimum  is  necessary  to  enable  the  workers  affected  to  live  in 
health  and  decent  comfort ;  and  when  such  determination  has  been 
made  by  these  joint  boards  the  minimum  wage  commission  should 
have  power,  if  it  is  satisfied  that  the  minimum  wage  has  been 
made  sufficiently  high,  to  make  such  rulings  for  carrying  into 
effect  its  findings  as  shall  have  the  force  of  law. 


780  Appendix  III 

In  the  foregoing  I  have  not  attempted  to  make  detailed  sug- 
gestions but  have  confined  myself  largely  to  an  expression  of  my 
views  as  to  the  wisdom  and  the  necessity  of  legislation  of  this 
character.  I  have  purposely  confined  my  statement  to  women 
and  minors.  I  do  not  believe  that  it  would  be  advisable  to  create 
minimum  wage  boards  having  authority  to  regulate  the  wages  of 
men.  

Statement  of  Alburtis  Nooney 

(Approved  by  the  Central  Labor  Union,  Hudson,  N.  Y.) 

Wages  should  be  determined  by  the  cost  of  living,  and  the  mini- 
mum should  be  high  enough  to  give  the  worker  enough  to  live 
decently  and  a  fair  margin  for  contingent  expense,  for  wholesome 
pleasure.  It  should  give  the  wage  earner  a  satisfied  mind  and  a 
wholesome  existence. 

Our  country  can  aiford  all  these  things,  and  there  should  be 
regulation  by  the  State  or  national  government.  The  effect  on 
the  employer  and  employee  would  be  to  bring  them  to  a  more 
thorough  understanding  of  their  moral  obligation  to  equality.  It 
would  make  the  worker  more  efficient,  encouraging  a  higher 
standard. 

These  things  should  be  looked  after  by  our  government  through 
a  commission,  non-partisan  and  efficient  in  dealing  with  such 
problems. 

I  believe  your  Commission  is  working  in  the  right  direction 
and  should  get  at  the  heart  of  this  serious  problem.  Also,  the 
aged  worker  should  have  some  consideration,  after  a  life  of  hard 
labor  for  the  profit  of  others.  Many  an  old  man  or  woman  sees 
nothing  but  the  charity  of  others  or  the  poor  house  after  a  life 
of  toil  for  small  pay.  I  am  having  that  experience  —  broken  in 
health  and  well  along  in  years. 


Statement  of  John  T.  O'Brien 

I  favor  a  minimum  wage  of  nine  dollars  per  week  for  women, 
except  in  employment  where  they  have  displaced  men.  I  believe 
they  should  receive  equal  pay  for  equal  services  rendered.  It  is 
impossible  for  a  woman  to  live  decently  on  less  than  nine  dollars 
per  week. 


Minimum  Wage  Symposium  781 

Statement  of  Makgaret  Dreiee  Robins 

It  gives  me  great  pleasure  to  answer  your  inquiry,  regarding 
the  position  of  the  National  Women's  Trade  Union  League  of 
America  on  the  question  of  Minimum  Wage  Legislation. 

I  am  glad  to  be  able  to  refer  you  to  the  proceedings  of  the  three 
Biennial  Conventions,  Chicago,  1909;  Boston,  1911;  and  St. 
Louis,  1913,  in  which  the  question  of  Minimum  Wage  Legisla- 
tion was  discussed  and  voted  upon.  Since  the  Chicago  Conven- 
tion of  1909,  the  establishment  of  "A  Minimum  Wage  Commis- 
sion to  create  Wage  Boards  for  each  industry  having  an  equal 
representation  of  employers  and  workers,  and  representation 
from  the  Public  "  has  been  included  in  the  Legislative  Program 
of  the  National  Women's  Trade  Union  League. 

In  further  explanation  I  should  like  to  state  that  we  feel  con- 
vinced the  best  results  of  minimum  wage  boards  wnll  be  ob- 
tained : 

First,  by  creating  separate  wage  boards  for  every  industry  to 
be  investigated  and  coming  under  the  jurisdiction  of  the  Mini- 
mum Wage  Commission  —  such  industries  naturally  represent- 
ing the  sweated  industries,  whether  in  the  homes  or  factories. 

Second,  by  the  workers  electing  their  own  representatives  on 
the  wage  boards  —  thus  establishing  the  beginning  of  self- 
government,  so  essential  to  industrial  democracy. 

Third,  by  guaranteeing  the  right  to  a  rehearing  upon  the  peti- 
tion of  any  person  from  either  side. 

We  also  believe  that  the  wage  boards  must  be  authorized  to 
change  the  minimum  wage  rate  whenever  change  in  conditions 
makes  an  increase  in  rates  possible.  By  way  of  illustration,  I 
would  refer  you  to  the  decision  of  the  "  Chain  Making  Board  "  in 
England,  which  on  December  2,  1913,  confirmed  proposals  to  in- 
crease by  10  per  cent,  the  minimum  rate  it  established  in  1910. 

The  National  Women's  Trade  Union  League  is  unalterably 
opposed  to  the  establishment  in  the  law  itself  of  a  fixed  rate  of 
wages  per  day,  or  per  week  —  the  so-called  flat  rate  method  and 
the  one  enacted  into  law  in  Utah. 

To  present  the  position  of  the  National  Women's  Trade  Union 
League  as  clearly  as  may  be,  I  quote  from  my  report  on  the  mini- 


782  Appendix  III 

mum  wage  question  given  to  the  Fourth  Biennial  Convention  at 
St.  Louis,  June,  1913,  and  adopted  by  the  Convention: 

"  No  one  will  deny  that  however  difficult  the  problem,  we  find 
ourselves  under  conditions  demanding  immediate  action.  The 
right  to  live  and  the  right  to  a  living  are  indistinguishable  terms. 
The  question  of  the  low  wage  must  be  met     *     *     *. 

"  The  chaotic  conditions  of  many  of  our  industries  gives  no 
basis  for  a  wage,  but  the  will  of  the  individual  employer,  and 
the  girl's  poverty  and  inexperience  forces  her  consent.  This  was 
well  brought  out  by  the  Minimum  Wage  Commission  of  Massa- 
chusetts, when  it  was  found  that  in  the  candy  industry,  for 
example,  one  of  the  employers  was  paying  fifty-six  per  cent  a  week 
less  in  wages  than  another  employer  in  the  same  town.  The  elim- 
ination of  this  unfair  competition  will  be  one  of  the  immediate 
results  of  the  minimum  wage,  and  will  help  to  standardize 
industry. 

"  The  industry  which  cannot  pay  a  fair  wage  is  parasitic,  and 
receives  a  subsidy  from  the  community  through  its  public  or 
private  charities,  through  its  clinics  and  hospitals,  through  its 
reformatories  and  prisons,  through  its  almshouses  and  homes  for 
the  aged.  We  are  living  in  the  midst  of  a  "  wealth-producing, 
poverty  breeding  "  industrial  chaos.  The  demand  for  the  mini- 
mum wage  on  the  part  of  the  general  public  is  simply  the  state- 
ment that  it  is  tired  of  subsidizing  industries.  Through  such 
subsidies  it  has  enabled  many  an  employer  with  no  business 
qualifications  whatever,  nor  knowledge  nor  judgment,  to  open  an 
industry,  put  the  wage  as  low  as  conditions  permit,  quite  certain 
that  the  community  will  bear  the  burden.  It  would  seem  that  a 
training  school  for  employers  is  as  essential  to  the  welfare  of 
the  community  as  a  trade  school  for  workers.  Just  as  the  most 
important  knowledge  to  the  worker  is  the  value  of  his  or  her  labor 
power,  so  the  most  important  knowledge  to  the  employer  is  that 
a  living  wage  is  the  first  charge  upon  any  industry.  If  we  have 
classes  for  the  salesmanship  of  lace  and  jams  and  linens  and  silk, 
how  a  thousand  times  more  important  is  it  to  have  training  in  the 
salesmanship  of  labor  values    *    *    *. 

"  But  if  there  is  the  darkness  of  tragedy  here,  there  is  also  the 
light  of  heroism.     It  is  essential  that  it  be  definitely  understood 


Minimum  Wage  Symposium  783 

that  there  are  girls  by  the  tens  of  thousands  who  have  maintained 
the  integrity  of  their  womanhood  in  the  face  of  great  personal 
sufferings  and  self-sacrifice,  as  well  as  in  the  face  of  grave  tempta- 
tion. I  know  girls  who  have  lived  twelve  in  a  room,  on  twelve 
mattresses,  because  their  earnings  did  not  permit  them  better 
sleeping  accommodations,  and  who  have  lived  for  three  years  at  d 
stretch  on  rye  bread  and  olive  oil,  unless  invited  out  for  a  meal. 
I  know  girls  who  have  simply  paid  for  the  space  of  half  a  bed 
during  the  night  when  the  same  bed  was  not  only  shared  by  them 
during  the  night  with  another  girl,  but  had  been  used  by  two  other 
girls  during  the  daytime,  these  other  girls  being  night  workers. 
I  know  girls  who  take  it  as  an  every-day  matter-of-fact  experience 
of  working  girl  life  that  they  should  daily  go  without  their  lunches. 
I  know  girls  who  have  entered  a  saloon  because  they  could  there 
get  a  bowl  of  soup  as  well  as  a  glass  of  beer  for  five  cents,  receiv- 
ing in  that  bowl  of  soup  better  nourishment  than  any  other  ex- 
penditure of  such  five  cents  could  bring  them.  I  know  other  girls 
who,  with  equal  "  matter-of-factness,"  never  think  of  spending 
money  for  care-fare  or  lunches  or  laundry  or  outings,  and  never 
dream  of  earning  enough  to  make  life  even  half-way  decent  and 
comfortable  or  giving  a  chance  for  any  realization  of  aspiration 
or  ideals  or  education  —  or  sweetness  of  fresh  air  in  the  mountains 
or  by  the  sea  —  and  yet  these  girls  by  the  tens  of  thousands, 
in  the  face  of  such  constant  denial  of  all  that  makes  life  worth 
while,  have  held  their  womanhood  intact  and  protected  its  integ- 
rity. To  the  courage,  the  grit,  the  fineness  of  character  all  can 
testify  who  know  intimately  the  daily  life  of  the  working  girls. 
But  well  may  we  question  the  civilization,  the  democracy,  the 
Christianity  of  a  community  tolerating  such  conditions.  We  are 
demanding  in  the  every-day  life  of  our  working  girls  the  stuff 
out  of  which  heroes  and  martyrs  are  made.  Some  of  us  would 
like  to  see  the  conditions  of  industry  so  arranged  that  everyday 
folk  like  you  and  me  might  have  a  chance  of  earning  our  daily 
bread  "  on  the  square."  The  question  of  the  wage  is  not  whether  a 
girl  can  or  cannot  hold  her  own  in  the  face  of  suffering  and 
poverty  and  temptation,  but  whether  any  able-bodied  intelligent 
young  woman  is  to  put  all  the  years  of  her  girlhood  and  w^oman- 
hood,  all  the  possibilities  of  the  joy  of  her  motherhood,  in  jeopardy 


784  Appendix  III 

because  she  is  giving  her  all  in  service  without  receiving  sufficient 
remuneration  to  make  possible  decent  nutrition,  decent  clothing, 
decent  living  conditions  for  herself,  conditions  making  for  the 
education  and  development  of  all  the  fine  powers  hidden  and  held 
within  her.  The  most  costly  production  of  any  nation,  and  its 
most  valuable  asset  is  not  its  annual  output  of  corn,  neither  the 
wheat  harvest  nor  the  yield  of  coal  or  cotton,  but  its  output  of 
men  and  women.  Upon  the  quality  of  each  generation  depends 
the  strength  and  greatness  of  the  nation.  This  we  recognize  by 
providing  that  the  State  shall  care  for  the  health  of  the  people 
and  contribute  to  their  education.  Is  it  not,  therefore,  time  for 
us  to  insist  that  the  State  cannot  afford  to  put  in  so  great  an 
investment,  only  to  reap  the  continuous  loss  of  the  defeated  young 
lives  that  go  under  in  the  industrial  world  ? 

^'  The  demand  for  a  minimum  wage  must  include  some  defini- 
tion of  that  minimum,  otherwise  none  of  us  know  exactly  of  what 
we  are  talking.  A  living  wage  must  certainly  mean  sufficient  re- 
ward for  labor  to  provide  health-giving  food,  good  clothing,  shelter 
with  sunlight  and  air  and  warmth  and  comfort,  education  and  re- 
creation —  books  and  m.usic  —  suffi.cient  reward  to  tide  over 
periods  of  sickness  or  other  unemployment  and  to  make  provision 
for  a  happy  and  serene  old  age.  It  must  give  opportunity  and 
time  not  only  for  the  development  of  the  powers  within  us,  but 
also  for  expression  of  human  fellowship.  It  is  well  for  us  to 
remember  that  the  loving  cup  is  as  old  as  any  hunger,  and  that  to 
enter  into  the  labor  and  festival  of  life  is  part  of  the  eternal  quest 
of  the  human  heart. 

"  We  all  know  that  to  bring  about  conditions  making  possible 
such  a  living  wage  more  than  the  creation  of  minimum  wage  boards 
will  be  necessary  However,  the  placing  of  the  sweated  industries, 
and  such  others  as  the  community  may  see  fit  to  decide  upon,  under 
the  jurisdiction  of  minimum  wage  boards  is  but  a  further  attempt 
to  standardize  industry.  This  is  no  new  undertaking.  In  most  of 
our  states  we  have  factory  laws  prescribing  what  Mr.  Sidney  Webb 
so  aptly  terms  "  the  minimum  conditions  of  the  wage  contract " ; 
a  legal  minimunl  of  education  for  the  child,  a  legal  minimum  of 
sanitation  and  safety,  and  by  prescribing  a  maximum  workday, 
a  legal  minimum  of  leisure  and  rest.      All  these  minima  repre- 


Minimum  Wage  Symposium  785 

sent  the  communitj's  demand  for  a  standard  of  industry,  and 
with  our  growing  knowledge  of  the  overshadowing  menace  of  the 
low  "^»age,  we  naturally  include  a  wage  minimum. 

"  To  bring  the  best  results,  to  bring  technical  knowledge,  accu- 
rate data  and  experienced  judgment  to  bear  on  this  grave  question, 
minimum  wage  commissions  should  consist  of  men  and  women 
representing  the  public,  representatives  of  the  employers  in  each 
industry,  and  representatives  of  the  workers  in  each  industry, 
elected  by  the  workers.  That  a  minimum  wage  can  be  established 
in  the  sweated  industries  has  been  proven  beyond  all  preadventure 
of  doubt  by  the  victorious  strikes  in  the  garment  industries  which 
we  have  now  witnessed  in  the  leading  cities  of  America  for  the 
past  four  years.  Such  victories  express,  indeed,  the  best  hope  of 
our  day.  The  question  is,  can  we  afford  to  wait  for  such  social 
uprisings  in  the  other  sweated  industries  ?  Is  it  not  true  that  the 
minimum  wage  boards  will  not  only  help  to  establish  minimum 
wages,  but  bring  to  the  least  of  the  little  girls  in  such  industries, 
the  opportunity  of  organization  and  self-government." 

The  Amalgamated  Journal  of  the  Iron,  Steel  &  Tin  Workers 
states  concisely  what  some  of  the  organized  working  men  and 
women  hope  to  bring  about  by  the  establishment  of  minimum  wage 
legislation  through  minimum  wage  boards. 

"  Many  classes  of  wage  earners  who  would  be  benefited  and 
protected  by  minimum  wage  legislation,  have  been  living  too 
close  to  starvation  to  make  possible  any  reasonable  amount  of  con- 
centrated action  on  their  part,  or  such  preparation,  financial  or 
otherwise,  as  would  ordinarily  be  considered  essential  for  success. 
To  all  such  classes  of  wage  earners  minimum  wage  legislation 
should  be  valuable  as  establishing  an  existence  basis  from  which 
they  are  in  a  better  position  to  achieve  further  improved  wages 
and  conditions  through  organized  effort.  A  woman  wage-earner 
receiving  a  minimum  wage  of  $8  per  week  is  on  a  better  basis  on 
which  to  secure  $10  per  week,  than  the  same  woman  getting  $4 
is  in  a  position  to  get  $5." 

Although  minimum  wage  legislation  is  seventeen  years  old  in 
Australia,  and  now  covers  over  one  hundred  trades,  such  legisla- 
tion represents  a  mere  thought  in  America,  and  it  is  natural  that 
there  should  be  very  honest  differences  of  opinion.     We,  who 


786  Appendix  III 

believe  in  it,  see  in  the  establishment  of  the  minimum  wage  — 
through  wage  boards  —  a  chance  for  life  to  the  most  exploited  of 
our  fellow  workers,  an  opportunity  to  better  conditions  through 
united  action,  an  opportunity  to  self-government  —  and  self- 
government  is  essential  to  the  making  of  a  free  people. 


Statement  of  Henky  Streifleb 
The  minimum  wage  works  out  to  a  very  satisfactory  result 
from  a  trade  union  standpoint  where  that  is  agreed  upon  between 
the  representatives  of  the  particular  trade  and  the  employers  of 
the  men  who  are  engaged  in  such  work.  Whether  that  would 
work  out  as  satisfactorily  were  it  a  law,  I  have  great  doubts  about 
the  same,  from  the  fact  that  my  experience  has  been  that  we  get 
better  results  where  matters  of  this  kind,  especially  M'here  a 
financial  consideration  is  involved,  are  agreed  upon  in  a  voluntary 
manner  by  both  sides  interested  as  employer  and  employee. 


Minimum  Wage  Symposium  78Y 

V.  EMPLOYERS  AND  THEIR  REPRESENTATIVES 

Statement  of  James  F.  Adams 

I  believe  that  a  minimum  wage  law  would  be  beneficial  to  the 
employer  and  employee.  Beneficial  to  the  employer  who  wishes 
to  do  right  because  at  the  present  time  he  cannot  pay  more  than 
the  prevailing  rate  of  wages  and  compete  with  others,  and  to  the 
employee  who  is  then  assured  of  a  certain  wage  and,  to  a  certain 
extent,  would  thereby  be  made  free  from  local  and  trade  condi- 
tions which  might  tend  to  reduce  wages  in  a  particular  section. 

The  argument  that  the  inferior  or  inefficient  worker  would  be 
thrown  out  of  work  is  worthless,  as  no  one  to-day  keeps  the  ineffi- 
cient worker  when  he  can  get  better  help.  The  minimum  wage 
would  not  tend  to  bring  all  wages  to  that  level,  as  the  only  way  to 
keep  efficient  and  experienced  help  is  to  pay  them  consideration  to 
keep  tliem  from  floating.  All  successful  firms  do  this  to-day  and 
will  continue  to  do  so. 

The  minimum  wage  should  be  set  on  statistical  records  of  the 
liability  to  accident,  loss  of  time  through  trade  and  weather  con- 
ditions, the  effect  of  the  work,  etc.,  on  the  health  of  the  worker, 
and  allow  for  a  fair  living  wage  for  a  family  of  five. 

The  law  should  also  include  a  compulsory  arbitration  clause 
which  would  be  binding  on  both  sides  in  case  of  strike,  and  be  free 
from  technicalities,  which  would  allow  either  side  to  hold  settle- 
ments up  for  any  extended  period. 

I  believe  that  it  should  be  a  national  law,  as  the  tendency  to-day 
in  inter-state  trade  is  for  factories  to  move  into,  and  new  factories 
start  in  states  where  the  laws  do  not  call  for  strict  regulations. 

This  law  should  also  limit  the  salaries  paid  to  officials,  as  the 
present  method  of  allowing  unlimited  salaries  to  officials  of  cor- 
porations allows  them  to  deprive  minority  stockholders,  and  in- 
directly the  employees  and  consumers  of  a  considerable  amount 
in  the  aggregate  which  should  be  available  for  dividends  and  wages. 

We  are  also  in  favor  of  having  the  retail  price  of  all  products, 
whether  raw  or  manufactured,  set  by  a  commission  which  would 
allow  for  a  fair  profit  in  addition  to  healthy  expansion  of  the 
business  and  for  jurisdiction  over  the  wages  of  the  workers. 


788  Appendix  III 

Statement  of  L.  Adl,er  Bros.  &  Co. 

The  effect  of  minimum  wage  on  the  employer  is :  Under  slack 
conditions,  very  little.  When  help  is  scarce  there  will  be  a  flow 
of  comparatively  inefficient  workers  into  the  state  with  an  abnor- 
mal increase  in  cost  of  manufacture. 

On  the  workers  is :  To  throw  out  of  employment  the  inefficient, 
except  in  times  most  prosperous. 

On  the  opportunity  of  obtaining  a  higher  wage  than  the  min- 
imum, is :  To  lessen  the  power  of  the  employer  to  pay  in  accord- 
ance with  the  ability,  in  all  competitive  industries.  An  employer 
in  a  State  under  local  laws,  entailing  upon  him  a  greater  expense 
than  that  under  which  his  competitor  in  another  state  is  working, 
is  naturally  limited  to  what  he  can  do  for  his  workers.  In  any 
business  there  is  a  limit  to  what  can  be  paid  to  the  workers.  If 
the  the  state  law  insists  upon  paying  to  the  inefficient  more  than  is 
properly  due  them,  it  stands  to  reason  that  less  will  probably  be 
paid  to  the  exceptionally  efficient,  or  that  the  whole  wage  scale 
will  be  held  down. 

On  the  price  of  the  product  of  industry  affected  is:  Every  state 
law  increasing  the  cost  of  the  product,  places  the  manufacturer  in 
that  state  at  just  that  disadvantage  with  competitors  in  other 
states.  When  the  disadvantage  becomes  sufficiently  great,  it  drives 
the  manufacturer  out  of  business  or  into  another  state. 

We  are  in  favor  of  a  minimum  wage ;  we  believe,  however,  that 
the  minimum  wage  should  only  be  so  high  as  to  prevent  the 
exploitation  of  labor. 


Statement  of  Roger  W.  Babson 

Reprinted  From  Confidential  Bulletin  No.  1-12,  August,  1914, 
of  the  Babson  Statistical  Organization,  by  Permission 

Briefly,  we  believe  that  the  employees  are  entitled  to  a  greater 
share  both  in  the  profits  and  in  the  management  of  industries ;  but 
we  do  not  believe  this  can  be  brought  about  artificially  by  legisla- 
tion. Prices,  rents,  wages,  and  interest  depend  upon  the  relation 
between  supply  and  demand.  Every  attempt  to  ignore  these  fun- 
damental laws  of  supply  and  demand,   action  and  reaction,  or 


Minimum  Wage  Symposium  789 

reward  and  punishment,  is  like  trying  to  stop  the  earth  from  re- 
volving on  its  axis.  Yet  minimum  wage  legislation  is  very  popular 
and  those  of  us  who  oppose  it  are  regarded  as  medieval  and  hard- 
hearted plutocrats. 

First,  let  me  make  clear  that  the  tendency  toward  minimum 
wage  legislation  is  strong  in  every  state  in  this  Union.  This  is 
the  day  for  short  cuts,  and  the  day  for  political  buncombe.  The 
advocacy  of  a  minimum  wage  apparently  is  one  of  the  best  oppor- 
tunities for  combining  these  two.  The  public  will,  in  any  case, 
pay  the  bill,  so  there  is  nothing  for  the  employers  to  object  to, 
provided  they  are  all  treated  alike.  Moreover,  a  minimum  wage 
will  tend  to  eliminate  apprentices,  and  may  make  it  unnecessary 
for  employers  to  train  their  own  clerks.  If  a  young  person  has 
initiative  enough  to  learn,  he  or  she  will  automatically  graduate 
into  the  minimum  wage  class.  If  not,  this  young  person  will  be 
brushed  aside.  In  either  case,  the  responsibility  will  fall  upon 
the  employee  and  not  upon  the  employer,  when  the  minimum 
wage  is  in  effect.  Therefore  many  say :  ''  If  the  public  demands 
a  minimum  wage,  why  not  grant  it  ?  It  is  the  public  which  must 
eventually  pay  the  bill." 

With  universal  minimum  wage  legislation,  increased  prices  will 
take  care  of  the  increased  expenses  and  leave  profits  the  same ;  in 
fact,  those  who  figure  profits  on  a  percentage  basis  should  have  a 
greater  profit  under  the  minimum  wage  system.  Hence,  from  the 
employer's  point  of  view,  there  is  little  to  fear  from  minimum 
wage  legislation.  For  this  reason  we  advise  clients  not  to  oppose 
the  trend  of  the  times  nor  say  anything  in  this  connection  which 
may  offend  public  patronage  or  cause  customers  to  think  that  they 
are  employing  under-paid  women.  Were  it  not  for  the  opposition 
of  some  conservative  labor  leaders,  who  have  begun  to  see  a 
danger  in  the  minimum  wage,  its  general  adoption  would  be  a 
foregone  conclusion.  When  its  adoption  becomes  general,  how- 
ever, the  reaction  may  be  as  severe. 

What  is  to  become  of  young  apprentices  and  old  employees  who 
cannot  earn  even  the  minimum  wage  and  will  therefore  be  thrown 
out?  In  hundreds  of  families,  even  the  two-dollar  cash  girl  is 
helping  someone  else,  and  in  such  cases,  it  is  the  combined  wages 
of  the  entire  family  that  should  be  treated  as  the  unit.     If  only 


790  Appendix  III 

the  efficient  axe  to  be  given  employment,  how  can  any  one  learn 
to  be  a  skilled  worker?  If  one  must  be  shelved  after  he  or  she 
becomes  too  old  or  feeble  to  be  capable,  who  is  to  give  the  needed 
support  ?  Employers  very  well  know  that  it  may  be  to  their  ad- 
vantage to  have  one  twelve  dollar  a  week  woman  who  will  not 
need  to  be  watched  and  taught,  rather  than  two  irresponsible  six 
dollar  a  week  girls !  Moreover,  employers  may,  when  the  six  dollar 
girl  deserves  a  raise,  drop  her,  and  employ  another  at  the  same 
wage,  instead  of  giving  the  older  one  promotion.  In  practice,  can 
the  minimum  wage  be  limited  without  unconsciously  limiting  the 
maximum  wage  also? 

If  the  law  would  send  home  those  girls  who  are  working  for  a 
low  wage  simply  to  provide  themselves  with  a  few  luxuries,  since 
their  fathers  are  quite  able  and  willing  to  support  them,  or  send 
home  girls  who  are  really  needed  in  the  home  to  assist  in  the 
housework  or  to  lift  the  burden  for  overworked  mothers,  well  and 
good.  Such  girls  should  be  taken  out  of  the  stores  and  offices 
in  order  that  their  places  may  be  given  to  those  who  must  help  to 
support  others  or  who  have  no  one  to  look  to  for  aid  in  the  battle 
of  life.  But  no  such  good  result  comes  from  minimum  wage 
legislation. 

When  England,  Germany,  and  United  States  sent  commissioners 
to  New  Zealand  and  Australia  to  investigate  the  results  of  their 
minimum  wage  laws,  not  one  could  give  a  wholly  favorable  report. 
The  favored  complaints  that  the  law  causes  jealously  and  hatred, 
that  the  old  must  starve,  and  the  young  have  no  incentive  to  spur 
them  on  to  effort  Those  unworthy  of  the  minimum  wage  are 
forced  into  the  sweat  shops,  while  those  who  are  hired  for  such 
wages,  if  indolent,  do  not  try  to  improve  and  are  discharged  for 
laziness.  In  many  New  Zealand  factories  unskilled  workers  are 
dropped  at  the  end  of  three  trial  years  in  order  to  evade  the  law. 
In  various  manufacturing  plants  where  employers  have,  voluntar- 
ily or  by  law,  adopted  a  minimum  wage  system,  they  freely  ac- 
knowledge that  they  will  employ  only  skilled  labor,  as  they  can- 
not afford  to  teach  incompetents  with  universal  minimum  wages. 

Should  the  State  be  compelled  to  support  those  who  will  not 
earn  a  minimum  wage?  The  State  is  you  and  I.  One  woman 
may  be  discharged  on  account  of  a  disposition  which  makes  it 


Minimum  Wage  Symposium  791 

impossible  for  others  to  get  along  with  her;  must  the  rest  of  us 
who  can  keep  our  temper  and  earn  our  living  pay  for  her  support  ? 
Another  will  not  work  in  a  certain  locality,  nor  where  she  cannot 
have  certain  amusements ;  must  we,  who  sacrifice  our  preferences 
and  deny  ourselves  pleasures,  pay  taxes  to  keep  her  in  idleness  ? 
Some  of  the  greatest  people  the  world  has  ever  produced  began 
earning  at  an  almost  incredibly  low  wage  figure;  shall  such  have 
no  opportunity  to  find  out  their  own  possibilities?  in  Massa- 
chusetts, 79  per  cent,  of  the  w^omen  earn  less  than  $459  a  year. 
Must  the  remaining  21  per  cent  help  to  support  this  large  majority  ? 

Germany,  France,  and  Belgium  pay  to  their  workers  only  a 
fraction  of  the  wages  paid  in  America,  yet  they  have  no  such  prob- 
lem. This  is  because  they  have  a  regular  system  of  insurance 
against  old  age,  illness,  and  want,  so  that  all,  including  the  sub- 
averages,  are  compelled  to  look  out  for  the  future  by  having  a 
certain  per  cent,  of  their  pay  deducted  for  old  age  insurance,  and 
another  for  illness  insurance.  It  does  no  good  for  state  commis- 
sioners to  decide  that  no  woman  can  live  wholesomely  on  less  than 
ten  dollars  a  week.  The  fact  remains  that  many  have  to  live  in 
some  sort  of  way  on  less  than  that,  for  many  are  only  beginners, 
others  are  hoplessly  inefficient,  or  are  old  and  not  worth  even  the 
minimum  wage  suggested.  Some  system  of  insurance  is  far  more 
practical. 

In  the  long  run,  the  wage  question  can  be  settled  gradually  only 
through  education  and  religion.  If  we  will  grasp  this  fact  and 
keep  it  constantly  in  mind,  we  shall  have  no  trouble;  but  if  we 
experiment  on  various  "  get  rich  quick  "  plans  for  employees,  it 
will  be  necessary  to  retrace  our  steps  at  much  expense. 

Employees  must  learn  that  a  continued  increase  in  wages  is 
absolutely  dependent  upon  increased  efficiency  and  greater  econ- 
omy and  that  only  education  and  training  can  increase  the  effi- 
ciency of  the  masses.  On  the  other  hand,  employers  miLst  learn 
that  the  present  capitalistic  system  is  inhuman,  wasteful  and  un- 
just, and  that  only  when  recognizing  this  can  they  intelligently 
negotiate  with  labor.  Furthermore,  employers  of  labor  must  rea- 
lize that  human  rights  are  more  valuable  than  property  rights 
and  that  really  "  it  is  more  blessed  to  give  than  to  receive." 


792  Appendix  III 

From  reports  coming  to  this  organization  from  all  parts  of  tlie 
country,  I  am  convinced  that  the  solution  of  the  wage  question 
must  be  worked  out  through  co-operation  and  not  through  legis- 
lation. We  employers  must  be  willing  to  make  some  sacrifices 
and  take  our  pleasure  in  helping  our  employees  rather  than  in 
building  up  a  name  or  fortune  for  ourselves.  Likewise,  the  work- 
ing, people,  if  they  are  to  co-operate  with  us,  must  endeavor  to 
develop  in  character,  health,  and  usefulness,  so  as  to  be  worthy  of 
the  partnership.  Hence,  I  say  that  all  these  artificial  means,  such 
as  minimum  wage  and  compulsory  arbitration,  will  be  found  to 
fail.  The  solution  will  come  when  all  of  us,  employers  and  em- 
ployees, have  more  of  the  right  kind  of  education  and  righteous- 
ness. This,  however,  does  not  mean  "book-learning"  and 
"  theology." 


Statement  of  M.  M.  Bruere 
This  institution,  the  I^ational  City  Bank,  of  which  Mr.  Vander- 
lip  is  president,  employs  between  60  and  75  women  in  the 
capacity  of  stenogi-aphers,  typists,  filing  clerks,  telephone,  multi- 
graph  and  addressograph  operators.  The  minimum  salary  paid  in 
any  department  is  $12  per  week.  It  is  regarded  by  the  manage- 
ment as  axiomatic  that  to  secure  competent  service  a  commensurate 
wage  must  be  paid.  Moreover  a  regard  for  the  development  and 
the  well  being  of  the  entire  working  staff  as  an  important  factor 
in  maintaining  the  service  of  the  bank  at  a  high  degree  of 
efficiency  is  expressed  in  the  provision  free  of  cost  to  all  em- 
ployees of  — 

1.  A  hot  luncheon,  wholesome  and  ample,  attractively  served. 

2.  Educational  classes  designed  to  enlarge  the  opportunity  and 
increase  the  capacity  for  service  of  the  members. 

3.  Social  opportunities  which  it  is  thought  engender  a  sense  of 
fellowship  and  a  finer  esprit  de  corps. 

It  is  conceivable  that  certain  difficulties  may  arise  from  a  mini- 
mum wage  law  in  cases  of  highly  organized  trades,  but  for  those 
trades  not  well  organized,  or  not  at  all  organized,  protection  from 
exploitation  and  insurance  against  starvation  wages  would  seem 
easily  to  outweigh  even  such  difficulties  as  in  the  wisdom  and 
experience  of  the  framers  of  the  law  might  not  be  anticipated. 


Minimum  Wage  Symposium  793 

Statement  of  Frank  R.  Chambers 

It  has  always  seemed  to  me  that  any  attempt  to  fix  a  minimum 
wage  scale  by  legislation  would  prove  abortive  because  funda- 
mentally the  scheme  is  impractical. 

Assuming,  however,  that  such  a  measure  were  attempted,  the 
effect  would  be  to  deprive  the  inefficient  of  the  possibility  of  earn- 
ing such  wages  as  they  now  receive.  This  has  been  the  result 
where  trade  union  rules  have  enforced  a  minimum  wage. 

Might  it  not  be  that  such  a  measure  would  tend  to  drive  out 
the  small  manufacturer  and  trader,  who  now  maintains  his  busi- 
ness by  the  employment  of  low  priced  labor  and  who  would  find 
it  impossible  to  compete  with  the  larger  operators  upon  an  equal 
wage  scale  ?  Then  again,  we  have  to  deal  with  a  steady  influx  of 
immigrants  who  must  live  and  who  can  only  earn  small  wages 
until  they  have  acquired  efficiency. 

I  feel  that  the  State  is  doing  its  full  duty  when  it  supervises 
the  conditions  under  which  its  citizens  work,  so  as  to  provide  as 
far  as  possible  for  their  safety  and  health  and  the  education  of 
the  young. 


(Statement  of  Richard  S.  Childs 
I  am  the  director  of  a  small  corporation  employing  a  number 
of  girls  in  Brooklyn  to  whom  we  pay  less  than  the  $9  a  week  which 
probably  constitutes  a  living  wage  in  that  borough.  On  the  other 
hand,  we  pay  $1  to  $1.50  per  week  more  than  the  prevailing  rate 
of  wages  in  that  labor  market.  That  is  to  say,  we  can  hang  out  a 
sign  in  front  of  our  factory  saying  "Girls  Wanted  —  $4.50  a 
week  "  and  get  applicants  galore  who  are  capable  of  doing  the  class 
of  work  which  we  require.  I  am  convinced  that  they  are  the  same 
girls  that  come  to  us  when  we  hang  out  the  sign  saying  "  Girls 
Wanted,  $6  per  week."  We  pay  the  higher  wage  as  a  concession 
to  our  own  self-respect,  and  because  the  business  in  recent  years 
has  become  profitable  enough  so  that  we  can  easily  afford  it.  If 
our  competitors  would  raise  their  wage  standards,  we  would  be 
willing  to  go  higher  than  they  do  with  our  wage  rate,  on  the 
principle  that  we  are  strong  enough  to  accept  a  certain  amount  of 
handicap  in  this  matter. 


794  Appendix  III 

The  labor  element  constitutes  by  far  the  largest  element  in  the 
cost  of  our  product.  The  retail  price  is  firmly  fixed  by  custom. 
We  would  willingly  accept  a  legal  minimum  wage  which  applied 
to  our  competitors  as  well  as  to  ourselves,  feeling  confident  that 
such  an  increase  in  labor  cost  would  extinguish  some  of  our  com- 
petitors and  so  broaden  our  market  in  a  way  that  would  give  us 
an  opportunity  to  make  enough  money  to  balance  the  increased 
labor  cost.  We  are  the  ablest  company  in  this  particular  business 
and  make  the  best  product  and  have  the  largest  proportion  of 
sales,  but  there  is  a  limit  to  the  amount  of  work  for  humanity 
which  we  can  do  or  which  we  could  properly  be  asked  to  do.  Any 
minimum  wage  proposition  which  will  protect  us  from  the  present 
unfair  competition  of  those  who  do  not  scruple  to  pay  the  lowest 
wages  possible,  will  be  a  boon  to  sound  industry  and  wholesome 
trade  conditions. 


Statement  of  Henry  Clews 

I  heartily  approve  of  a  minimum  wage  scale  for  women,  and 
would  favor  proper  legislation  to  further  such  a  measure,  but  I 
do  not  believe  that  action  should  be  hasty  or  that  mere  sympathy 
should  be  the  only  guide.  One  of  the  greatest  faults  of  the  labor 
unions  is  that  they  do  not  grade  the  workmen  into  classes :  Class 
1  to  include  only  those  who  do  first  class  work;  class  2  to  in- 
clude those  who  do  ordinary  work  well,  but  not  so  well  as  to 
entitle  them  to  rank  Al ;  class  3  to  include  all  not  worthy  to 
rank  with  class  2  either  in  ability,  skill  or  general  fitness.  It  is 
a  great  injustice  to  a  first  rate  mechanic  to  gauge  his  work  to  the 
level  of  an  inferior  workman,  as  it  stifles  his  ambition,  and  natur- 
ally hurts  his  pride,  which  in  time  impairs  his  efficiency.  The 
same  rule  applies  to  women  as  well  as  men.  It  is  no  more  fair 
or  just  to  a  man  or  woman  who  does  high  class  work  at  the  same 
pay  as  an  inferior  workman,  than  to  compel  an  artist  who  gets 
$1,000  for  a  picture  to  have  the  value  of  such  a  picture  reduced 
to  the  level  of  the  production  of  those  who  have  never  painted  a 
picture  thought  to  be  worth  more  than  $100. 

Some  opera  singe'rs  command  $1,000  a  night.  Would  it  be  fair 
or  just  to  them,  who  are  known  to  be  the  best  in  the  world,  to  have 


Minimum  Wage  Symposium  795 

their  remuneration  put  down  to  the  level  of  a  member  of  a  church 
choir?  This  argument  can  be  followed  out  indefinitely,  and  it 
is  so  convincing  that  it  admits  of  no  denial. 

Yet  the  Al  mechanic  is  like  a  fleet,  the  speed  of  which  is  limited 
by  the  speed  of  the  slowest  vessel  in  the  fleet. 

The  labor  unions  have  done  lots  of  good  and  I  believe  in  them. 
They  have  been  instrumental  in  having  laws  passed  which  have 
revolutionized  the  sanitary  conditions  surrounding  workmen ; 
which  in  itself  tends  to  elevate  the  race  and  make  better  citizens. 

Child  labor  is  a  problem  which  will  require  the  most  thoughtful 
consideration.  The  theory  of  those  opposed  to  it  is  an  excellent 
one.  Yet  there  are  thousands  of  cases  where,  if  the  children  of  a 
poor  widow  were  debarred  from  any  kind  of  labor,  the  family 
would  starve  to  death.  An  absolute  ban  on  child  labor,  therefore, 
would  be  unjust  and  almost  criminal.  Many  sturdy  citizens  of 
this  country  M^orked  hard  in  their  childhood,  and  have  grown  up 
strong  and  healthy. 

I  would  suggest  that  a  board  of  censors  should  have  the  dis- 
cretion of  granting  special  permits  to  children  whom  necessity 
compels  either  to  work  or  suffer.  It  is  sad  that  families  whose 
support  has  been  taken  from  them  by  death  or  desertion  of  the 
father  should  suffer  want;  but  suffer  they  do,  and  even  children 
may  of  necessity  be  compelled  to  aid  in  procuring  food  and  clothing 
for  themselves. 

As  T  have  said,  the  questions  of  a  minimum  wage  for  women, 
and  of  child  labor,  will  require  careful  consideration,  and  I  would 
be  deeply  gratified  if  a  law  could  be  passed  that  would  be  equitable 
and  fair  to  all. 


Statement  of  James  Gr.  Cutler 

I  do  not  feel  that  I  have  any  experience  or  knowledge  on  the 
subject  which  would  be  of  service. 

I  am  inclined  to  think,  however,  that  the  establishment  of  a 
minimum  wage  would  not  be  altogether  satisfactory  from  the 
point  of  view  of  the  wage  earner,  for  the  simple  reason  that  if  the 
employer  be  forbidden  to  pay  less  than  a  certain  amount,  he  will 
necessarily  feel  obliged  to  discriminate  against  a  grade  of  work 


796  Appendix  III 

people  whom  he  might  otherwise  employ  at  what  he  believed  their 
services  to  be  really  worth. 

I  have  the  feeling  also  that  there  is  an  unfortunate  tendency 
at  the  present  time  to  discourage  individual  effort  and  individual 
ability  and  I  am  very  skeptical  as  to  the  possibility  of  perma- 
nently advancing  the  interest  of  the  man  who  works  for  wages  by 
legal  enactment  with  respect  to  his  pay. 


Statement   of  Feedekick  L.   Deveeeux 

I  have  had  supervision  over  the  employment  and  work  of  em- 
ployees (both  male  and  female)  for  eleven  years  under  widely 
varying  conditions. 

The  factors  which  determine  the  rates  of  wages  are  analogous 
to,  but  perhaps  even  more  complex  than,  the  factors  which  deter- 
mine the  price  of  any  other  commodity.  The  fundamental  factor, 
however,  is  the  relation  of  effective  demand  to  available  supply. 

Wages,  as  determined  by  competition,  or  this  fundamental 
law  of  demand  and  supply,  do  not  tend  generally  to  equal  what 
is  desirable  from  the  point  of  view  of  society  as  a  whole,  and  a 
more  equitable  distribution  of  the  products  of  industry,  if  practi- 
cable, is  to  be  wished  for.  It  is  a  question,  however,  whether  it 
is  the  province  of  the  State  to  attempt  to  confine  the  operation 
of  the  law  within  artificial  limits  any  more  than  it  is  its  function 
to  decree  the  minimum  price  which  the  farmer  shall  receive  for 
his  grain. 

Any  increase  in  wages  beyond  the  point  determined  by  competi- 
tion is  effected  by  the  prosperity  of  individual  firms,  and  their 
policy  of  admitting  their  employees  to  a  share  of  the  profits 
which  they  have  in  part  created.  While  this  recognition  of  the 
employees  as  partners  in  the  business  is  commendable,  and  seems 
to  be  the  present  tendency,  I  do  not  believe  that  it  can  be  attained 
through  legislation. 

The  establishment  of  an  arbitrary  minimum  wage  would  not 
be  advantageous  to  labor,  for  employers  whose  narrow-minded 
policy  seems  to  call  for  legislative  action  would  find  new  ways 
of  evading  their  responsibility,  either  in  a  reduction  of  the  num- 


Minimum  Wage  Symposium  Y97 

ber  employed  and  a  demand  for  increased  output,  or  a  levelling 
of  wages  in  which  the  wages  of  the  efficient  would  be  lowered  in 
order  to  pay  the  less  efficient  the  required  wage. 

A  minimum  wage  would  work  unfairly  between  two  companies, 
one  of  which  gives  careful  attention  to  the  working  conditions 
and  welfare  of  Its  employees,  makes  adequate  benefit  provisions 
in  case  of  sickness,  accident,  retirement  or  death,  and  interests 
itself  in  the  training  and  advancement  of  its  employees,  and  one 
which  contents  itself  with  the  payment  of  the  wage  prescribed 
by  law  and  takes  no  further  interest  in  its  help. 

No  matter  how  low  the  minimum  wage  that  is  adopted  may 
be,  there  will  be  some  in  all  industries  who  are  not  worth  that 
wage.  The  result  will  either  be  a  loss  of  employment  to  this 
class,  or  their  payment  at  a  loss  to  the  company,  which  must 
recoup  the  amount  from  the  more  capable  employees,  who  thus 
are  actually  injured  by  the  law. 

The  increasing  interest  talcen  by  employers  in  their  employees 
is  one  of  the  most  encouraging  features  of  the  times.  The  far- 
sighted  employer  is  beginning  to  see  that  low  wages  do  not  neces- 
sarily mean  cheap  output,  and  I  believe  that  there  is  spreading 
among  employers  as  a  class  an  enlightened  self-interest  which  sees 
that  a  contented,  well  nourished  employee  is  more  efficient  than 
a  worried,  poorly  fed  one. 

This  tendency  should  be  encouraged  and  extended  by  proper 
publicity  and  recognition,  rather  than  by  a  resort  to  a  minimum 
wage  law  which  would  certainly  be  a  detriment  to  the  more 
capable  classes  of  labor,  would  benefit  no  class  permanently,  and 
might  interfere  with  the  present  tendency  to  so  develop  employees 
in  a  proper  working  environment  that  they  may  not  only  receive 
but  deserve  better  wages. 


Statement  of  H.  Dowie 

The  question  you  have  asked  is  one  of  many,  many  sides  to 
consider. 

I  believe  one's  labor  is  his  capital.  The  value  of  same  depends 
not  only  on  quality  but  conditions  of  the  market. 


798  Appendix  III 

Conditions  govern  the  markets  of  all  products.  For  instance, 
at  present  thousands  would  be  willing  to  do  any  thing  for  a  price 
far  below  regular  wages,  and  still  nothing  to  do. 

I  believe  to  be  successful  all  must  have  an  incentive  to  do  better. 
This  does  not  exist  in  equalizing  wages.  In  all  large  cities  we 
have  always  a  surplus  of  unemployed. 

What  causes  the  low  price  paid?  It  is  our  gates  are  open  to 
the  world  to  enter  and  by  thousands  come  those  who  can  live  and 
save  on  an  amount  an  American  could  not  and  be  respectabla 

Close  the  gates  until  such  time  as  we  may  be  not  only  able  to 
civilize  but  naturalize  what  we  have  already.  We  know  a  boy 
brought  up  in  poverty  may  rise  to  be  president.  We  know  a  boy 
brought  up  in  poverty  may  become  a  great  financier.  Hence  let 
a  good  man,  boy  or  girl  have  the  opportunity  given  them  to  rise 
not  controlled  by  wages  which  will  be  for  the  average.  We  pay 
today  some  men  10  per  cent,  a  week  more  than  labor  unions  would 
say  we  must  pay.  But  we,  like  the  ones  we  hire,  are  free 
Americans. 


Statement  of  Nathan  Deew 

A  law,  of  course,  cannot  compel  the  employer  to  employ,  and 
naturally  he  will  not  employ  such  persons  as  in  his  judgment  are 
not  worth  the  minimum  rate  prescribed.  The  provision  for  such 
persons  should  be  part  of  any  legislative  program  looking  to  a 
general  minimum  wage,  for  if  the  State  arbitrarily  denies  em- 
ployment to  a  certain  class  of  its  citizens,  it  must  take  some  steps 
to  take  care  of  them. 

At  present,  the  legislative  power  in  the  direction  of  minimum 
wage  laws  is  limited  by  certain  legal  principles,  and  the  power  to 
pass  a  general  minimum  wage  law  would  have  to  be  secured  by 
constitutional  amendments,  both  of  the  State  and  probably  of  the 
Federal  Constitution.  Personally,  I  believe  that  society  at  large 
would  suffer  a  greater  injury  in  taking  away  from  the  individual 
the  right  to  work  for  any  wages  he  might  at  the  particular  time 
be  willing  to  work  for,  than  it  would  gain  through  the  operation 
of  a  minimum  wage  law.     After  leaving  college,  I  worked  six 


Minimum  Wage  Symposium  799 

months  for  nothing  and  for  a  year  and  a  half  after  that  at  $20  a 
month.  This  period,  of  course,  was  largely  a  period  of  practical 
apprenticeship  in  my  profession,  but  this  period  of  apprentice- 
ship is  just  as  essential  to  manual  trades  as  to  professions. 

All  the  above  is  on  the  practical  side  of  expediency.  As  a  mat- 
ter of  governmental  policy,  it  is  my  belief  that  the  purpose  of 
government  is  to  afford  to  the  individual,  within  certain  limits, 
the  fullest  and  freest  exercise  of  individual  rights,  and  to  deny 
the  right  of  individual  contract  in  a  matter  so  important  as  the 
selling  of  personal  service,  except  as  that  right  is  now  defined  by 
our  courts  within  the  clear  limits  of  the  demands  of  health  and 
posterity,  is,  I  believe,  an  assumption  of  a  function  not  consistent 
with  the  true  purpose  of  government.  It  is  far  better,  especially  in 
this  age  and  day  of  large  opportunity  and  the  immensely  increased 
production  of  wealth  over  that  of  former  times,  that  the  individual 
be  encouraged  to  perform  a  service  for  society  which  vsdll  entitle 
him  to  a  living  under  the  workings  of  economic  laws  rather  than 
to  make  him  a  ward  of  the  State,  a  parasite  upon  the  productive 
efforts  of  others,  and  so  paralyze  his  individual  ambition  and  pos- 
sible development. 


Statement  of  E.  F.  DuBeuul 

In  all  discussion  of  the  minimum  wage,  I  have  never  yet  found 
an  advocate  of  a  legal  minimum  wage  who  seemed  to  realize  that 
the  employer  is,  after  all,  an  intermediary,  taking  his  pay  o,ut  of 
the  price  that  has  to  be  paid  for  the  article  by  the  ultimate 
consumer. 

If  restrictions  as  to  wages  are  such,  whether  imposed  by  law, 
labor  unions,  or  any  other  forces  that  the  cost  of  production  is  so 
high  that  the  goods  cannot  be  sold  to  the  consumer  for  a  price  that 
will  bring  in  not  only  the  labor  cost,  but  all  expenses  in  addition, 
and  a  profit  satisfactory  to  the  employer,  be  he  a  merchant  or 
manufacturer,  then  the  opportunity  for  employment  at  any  wage, 
high  or  low,  is  correspondingly  restricted. 

The  narrowing  of  the  market  may  result  in  bankruptcy,  or  the 
voluntary  withdrawal  of  the  employer,  but  such  narrowing  of  the 
market  is  bound  to  result.     I  am  thorqughly  familiar  with  the 


800  Appendix  III 

union  arguments  for  a  minimum  wage,  but  I  have  only  to  point  to 
the  fact  that  the  only  place  where  the  unions  have  successfully  been 
able  to  fight  the  economic  trend  of  establishing  a  minimum  wage 
was  by  the  establishment  of  a  labor  monopoly  in  the  building 
industry.  The  building  industry  lends  itself  to  the  labor  monopoly 
because  it  is  of  the  nature  of  a  land  monopoly.  The  building  must 
be  built  in  a  certain  pl^ce,  and  if  through  political  control,  intimi- 
dation of  non-union  workers,  aided  by  the  comparative  financial 
weakness  on  the  part  of  the  building  contractors  the  labor  mo- 
nopoly is  established,  the  ultimate  results  are  such  as  San 
Francisco  is  now  sufiering  from.  While  wages  were  $10  per  day 
for  a  short  time,  there  is  no  building  going  on,  because  buildings 
built  with  such  labor  cannot  pay  a  satisfactory  return  on  their 
cost. 

Now  to  my  mind,  the  same  thing  applies  to  the  minimum  wage 
proposal,  whether  in  department  stores,  or  in  any  other  service. 
Wherever  a  minimum  has  been  established,  the  subnormal  workers 
are  promptly  eliminated.  It  is  no  longer  the  business  of  the  em- 
ployer to  have  any  thing  to  do  with  them  as  an  employer,  although 
the  State  jnay  tax  him  to  put  them  in  the  alms  house,  or  otherwise 
support  them  in  absolute  idleness.  As  a  citizen,  he  may  sincerely 
regret  that  a  girl  capable  of  earning  $5  per  week  is  not  capable 
of  earning  $6,  but  as  an  employer  he  is  forbidden,  by  laws  that  say 
he  must  pay  $G  per  week,  from  hiring  her  at  all.  What  becomes 
of  her  had  better  be  looked  into  and  be  anticipated.  The  same  with 
the  old  worker  who  is  no  longer  able  to  earn  the  minimum.  She 
can  starve  in  the  attic  for  all  society  cares  because  society  through 
this  law  has  told  her  she  must  no  longer  work  at  all,  that  being 
practically  the  effect  on  that  class  of  people. 

Then  those  who  are  able  to  earn  the  minimum  soon  find  that  the 
minimum  is  also  the  maximum,  and  the  law  designed  for  the  bene- 
fit of  the  subnormal  in  attempting  to  compel  the  employment  of 
the  subnormal  at  a  normal  wage  simply  restricts  the  opportunities 
of  the  supernormal  of  earning  normal  wages,  and  as  soon  as  the 
demand  on  the  part  of  the  supernormal  employees  for  supernormal 
wages  becomes  pressing,  they  are  eliminated  and  replaced  with 
others  who  are  merely  normal.  What  becomes  of  them  is  also  a 
question  for  the  advocates  of  the  minimum  wage  to  ponder.     They 


MiiViMUM  Wage  Symposium  SOl 

may  shift  around  from  one  place  to  another,  but  ou  the  whole  they 
will  receive  only  a  normal  wage,  which  has  also  been  made  the 
minimum.  They  will  soon  learn  to  not  deliver  more  than  normal 
sen-ice,  so  that  there  is  a  leveling  down  of  not  only  the  wage,  but 
also  of  ambition  and  progress. 


Statement  of  Dunn  &  McCartky 

It  is  our  most  earnest  opinion  that  the  condition  of  the  workman 
could  be  very,  very  materially  improved  and  possibly  that  of  the 
employer,  himself,  if  such  deteriorating  influences  as  saloons,  dance 
halls,  gambling  devices  were  either  throttled  or  entirely  removed. 
We  believe  that  you  can  legislate  until  you  get  black  in  the  face, 
without  accomplishing  very  much  real  good,  so  long  as  one  class 
or  body  of  citizens  are  allowed  to  prey  upon  the  weaknesses  that 
unfortunately  exist  in  most  of  us. 

It  may  be  possible  that  some  form  of  investigating  and  pub- 
lishing of  actual  and  specific  facts  in  regard  to  wages  would  have, 
if  fairly  done,  a  good  influence  on  the  manufacturer  in  keeping 
him  keenly  alert  as  to  his  actual  wage  conditions. 

Whether  or  not  the  conditions  of  the  workman  as  a  whole  would 
be  improved  this  way,  is  an  open  question  but  the  conditions  on 
paper  would  certainly  be  better  as  it  would  result  in  the  manu- 
facturer eliminating  the  more  inefficient  employee  with  low  earning 
capacity  and  would  tend  to  make  him  more  careful  to  keep  steadily 
and  constantly  employed,  especially  in  piece  work  industries,  a 
smaller  number  of  people  with  good  earnings  rather  than  a  large 
number,  less  steadily  employed  and  with  less  earnings. 

The  tendency  now  is,  when  trade  is  quiet,  for  a  manufacturer  to 
retain  his  usual  number  of  employees,  with  the  natural  result  that 
the  wages  of  each  is  quite  materially  reduced  according  to  the 
actual  condition  of  business.  We  doubt  if  it  is  good  business  to 
handle  it  this  way  but  one  is  naturally  loath  to  lay  off  people  that 
have  been  with  him  for  some  time  and  furthermore,  he  has  in  mind 
that  business  will  improve  quickly  and  that  he  may  need  all  the 
employees  that  he  now  has. 
Vol.  1  —  26 


802  Appendix  III 

To  sum  the  matter  up,  any  legislation  will  be  most  welcome  that 
will  tend  to  improve  trade  conditions  or  the  character  and  efficiency 
of  the  employee  and  employer,  alike.  Whether  this  can  best  be 
done  by  direct  or  contributory  legislation,  you  will  be  better  able 
to  decide  after  your  investigation. 


Statement  of  Alex.  Eisemann 

With  regard  to  the  minimum  wage,  I  would  state  that  I  believe 
that  if  a  properly  enforced  minimum  wage  law  was  passed,  it 
would  be  welcomed  by  a  great  many  manufacturers.  However,  a 
law  which  would  be  obeyed  by  the  representative  manufacturer  and 
disregarded  by  smaller  and  less  scr.upulous  business  men,  would 
certainly  not  be  approved  of  by  the  former.  As  a  means  of  en- 
forcement, it  may  be  that  the  publishing  of  the  names  of  employers 
who  violate  the  law  (as,  you  are  no  doubt  aware,  is  being  tried  in 
Massachusetts)  or  a  criminal  penalty  for  violation  would  bring 
about  its  enforcement  but  personally,  as  an  employer,  a  law  passed 
but  not  rigidly  enforced  would  only  find  acquiescence  among  the 
larger  and  more  representative  employers  whom,  I  understand, 
it  is  not  so  necessary  to  reach  because  of  the  fact  that  such  repre- 
sentative houses  are  already  paying  wages  higher  than  what  the 
minimum  rate  would  probably  be.  A  prison  penalty  for  violations 
would  to  my  mind  be  the  only  sure  way  of  enforcement.  I  do 
not  think  a  fine  or  even  public  denunciation  of  offenders  would 
be  an  adequate  means  of  enforcement  for  such  employers  who 
attempt  to  circumvent  the  law. 


Statement  of  A.  Lincoln  Filene 
I  have  your  inquiry  regarding  the  minimum  wage.  Personally, 
I  believe  that  it  is  one  of  the  most  important  subjects  before  our 
legislators  to-day  and  I  want  to  answer  it  at  some  length  from  two 
points  of  view.  First,  its  bearing  upon  our  personal  experience; 
second,  its  relation  to  the  question  of  industrial  advance  in  general. 
We  recognized  its  possibilities  some  years  ago,  and  after  careful 
investigation  adopted  the  principle  in  our  business.     Since  then 


Minimum  Wage  Symposium  803 

we  have  watched  its  effect  patiently  and  I  think  I  may  say  to-day 
that  the  results  have  been  satisfactory.  We  have  found  that  it 
has  been  a  large  factor  in  raising  the  standards  of  our  employees; 
in  making  them  more  contented  at  their  work,  and  in  keeping 
their  efficiency  steadily  on  the  upward  trend.  All  these,  of  course, 
are  good  assets  for  anv  business. 

In  the  broader  question,  however  —  whether  or  not  it  is  wise  to 
establish  a  standard  minimum  wage  in  diversified  industries  in  a 
State  —  I  recognize  that  there  lies  possibly  some  room  for  a 
difference  of  opinion.  Unquestionably  the  adoption  of  such  a 
standard  would  compel  the  employer  to  demand  greater  efficiency 
from  the  individual  employee.  This  would  result  temporarily  in 
an  increased  problem  of  unemployment,  to  deal  with  which  the 
State  must  adopt  a  well  considered  program  of  legislation.  Such 
a  program  would  necessarily  include  part  time  schools,  vocational 
education  and  vocational  guidance  as  a  part  of  the  educational 
system.  Where  such  schools  and  courses  have  been  introduced 
they  have  resulted  in  a  voluntar}^  increase  in  the  number  of  years 
of  schooling,  per  pupil,  and  this  for  two  reasons.  The  pupils  them- 
selves can  see  that  their  study  is  directly  fitting  them  for  their  life 
work,  and  their  parents  recognize  that,  while  the  pupil  enters 
industry  at  a  slightly  later  age,  the  increased  preparation  for  a 
specific  job  means  increased  compensation,  with  less  frequent 
changes  of  employment,  and  less  chance  of  bringing  up  in  the  so- 
called  blind  alley  employments.  From  the  standpoint  of  the 
employer  all  this  means  the  prevention,  not  only  of  inefficiency, 
but  of  the  enormous  economic  waste  which  arises  yearly  from  the 
continual  change  of  personnel  with  its  ever-recurring  training  of 
new  men  for  a  given  job. 

Necessarily,  also,  there  will  be  brought  to  the  attention  of  the 
legislators  the  problem  of  the  unfit.  To  deal  with  this  question 
supplementary^  legislation  of  an  educational  and  protective  nature 
must  be  added  to  the  enlarged  educational  program  I  have  outr 
lined.  In  this  connection,  I  should  like  to  see  a  careful  study  of 
the  present  conditions  with  a  view  to  finding  out  if  the  unfit  should 
or  should  not  be  handled  as  an  entirely  separate  problem  and 
whether  their  protection  and  partial  or  entire  support  would  be 
better  administered  by  State  or  by  private  agencies. 


504  Appendix  III 

.  In  spite  of  all  these  factors,  the  influence  of  which  on  the  ques- 
tion has  still  to  be  tested,  I  can  imagine  a  situation  in  industry 
where  the  best  efforts  of  employers  and  employees  may  still  make 
it  impossible  to  adjust  the  wage  level  except  by  direct  reference 
to  the  consumer  through  an  increase  in  the  price  that  he  has  been 
accustomed  to  pay.  Should  he  refuse  to  uphold  the  manufacturer 
in  such  a  case,  either  the  community  must  bear  the  burden  of  the 
increased  wage  and  price  of  a  commodity  or  decide  to  do  with- 
out that  industry. 

But  on  the  whole,  I  believe  that,  while  when  first  adopted  a  com- 
pulsory minimum  wage  may  cause  some  inconvenience  to  industry 
and  some  hardship  to  the  individual  worker,  the  improved  stand- 
ards imposed  on  both  will  in  the  end  so  benefit  both  that,  after  a 
reasonable  trial,  neither  would  be  any  more  in  favor  of  abolishing 
it  than  we  are  to-day  in  our  business. 


Statement  of  D.  M.  Fkederiksen 
Wages  depend  in  the  first  place  on  the  output,  that  is,  the 
profitableness  of  the  industry.  The  laborer  gets  a  share,  and  the 
size  of  his  share  depends  primarily  on  the  profitableness  not  only 
of  the  particular  industry  that  he  is  engaged  in,  but  on  every 
industry  in  that  community.  This  is  why  wages  are  higher  here 
than  in  Europe,  because  on  the  whole  our  industries  produce 
more  —  partly  because  our  natural  resources  are  greater,  partly 
because  our  efficiency,  skill  and  inventiveness  are  greater,  so  that 
each  man  produces  more,  and  therefore  also  gets  more. 

There  are  numerous  tendencies  working  to  give  the  laborer  the 
share  that  is  fairly  his,  and  on  the  whole  I  believe  he  gets  it,  ex- 
cept in  certain  industries  where,  by  means  of  foreign  labor,  gradu- 
ally the  condition  of  the  laborers  has  become  worse,  and  the  re- 
muneration less.  This  is  notoriously  true  of  such  industries  as 
the  coal  mines,  the  Chicago  stockyards,  and  in  general  any  in- 
dustry where  a  large  class  of  low  grade  foreign  labor  is  employed. 
On  the  other  hand  there  are  certain  industries  where  the  em- 
ployers have  secured  a  monopoly,  either  by  means  of  combina- 
tion or  patented  inventions,  or  a  control  of  necessary,  natural  re- 


Minimum  Wage  Symposium  805 

sources,  and  I  think  it  will  be  found  that  some  of  our  leading 
trusts  (Standard  Oil,  glass  blowers,  etc.)  are  paying  more  than 
ordinary  market  wages  for  the  reason  that  they  have  a  cinch  on 
the  consumers  and  are  able  to  do  so,  and  prefer  to  pay  more  than 
average  wages  rather  than  have  trouble  with  their  workmen  and 
have  their  business  methods  exposed. 

General  wages  cannot  be  raised  by  governmental  action  any 
more  than  good  crops  can  be  secured  by  governmental  action, 
but  in  any  special  instance  wages  can  be  raised  at  the  expense  of 
the  rest  of  the  community,  such  as  for  instance  it  would  be  pos- 
sible to  raise  the  income  of  the  producers  of  any  one  kind  of  crop 
by  a  combination  or  a  law  which  arbitrarily  raised  the  price 
that  was  to  be  paid  for  that  article. 

The  tendency  of  such  action  would  be  to  reduce  general  or 
average  wages,  as  the  whole  community  would  pay  for  it,  and 
therefore  it  can  only  be  employed  in  exceptional  and  specific 
instances,  such  as  possibly  women  in  department  stores,  or 
minors,  and  even  in  such  case  it  is  a  question  whether  it  is  de- 
sirable to  interfere,  as  in  many  of  these  cases  the  low  wage  that 
is  earned  in  this  country  in  such  employments  corresponds  to  the 
unpaid  labor  that  is  furnished  in  Europe  in  similar  cases,  where 
frequently  a  person  has  to  work  for  years  without  pay  for  the 
purpose  of  learning  the  business. 

Personally  I  believe  that  the  legislatures  of  the  various  states 
can  establish  minimum  wages  as  well  as  anyone  else,  and  would 
prefer  to  have  a  commission  with  merely  advisory  powers  in 
each  state,  to  recommend  to  the  legislature  exceptional  cases  in 
which  minimum  wages  should  be  established.  I  believe  such 
commission  should  have  the  fullest  power  to  examine  books,  ad- 
minister oaths,  etc. ;  should  initiate  investigations  upon  a  peti- 
tion signed  by  say  ten  citizens,  but  I  do  not  believe  the  commis- 
sion should  have  the  power  to  declare  a  minimum  wage,  but 
think  this  should  be  done  by  act  of  the  legislature,  as  I  con- 
sider this  a  remedy  that  can  only  be  applied  to  a  very  limited 
extent. 

The  employer  will  always  be  able  to  recoup  himself  by  raising 
his  prices,  except  in  cases  where  he  is  competing  with  outside 
manufacturers  that  are  not  subject  to  the  law.     It  need  in  no 


806  Appendix  III 

way  interfere  with  the  right  of  others  obtaining  a  higher  wage 
than  the  minimum,  but  might  have  the  effect  of  causing  the  dis- 
charge of  inefficient  and  incompetent  workers,  that  might  other- 
wise be  employed  at  less  than  minimum  wage. 

I  am  not  personally  an  employer  of  labor  to  any  great  extent, 
as  I  am  a  colonizer  and  farmer,  but  am  a  student  of  economic 
subjects,  and  therefore  know  the  foregoing  to  be  the  true  prin- 
ciples of  minimum  wage  legislation. 


Statement  of  F.  X.  Kuchlee  &  Son 

Our  experience  the  past  twelve  years  has  been  with  girls  and 
women  who  are  mostly  unskilled  and  the  class  of  goods  made 
does  not  warrant  paying  any  higher  wages  than  we  pay  at  present 
on  account  of  the  close  competition.  We  find  that  most  of  the 
girls  of  parents  born  in  this  country  are  very  poor  workers  as  com- 
pared to  girls  of  foreign-born  parents.  In  fact,  we  give  higher 
wages  to  Italians  than  we  do  to  American  girls,  as  the  American 
girls  do  not  seem  to  care  whether  they  work  or  not ;  also  they  are 
very  unreliable,  etc. 

We  know  that  if  there  is  a  minimum  wage  law  passed  in  this 
State  the  bulk  of  a  certain  class  of  goods  that  we  make  would  be 
discontinued,  and  these  goods  would  be  made  in  neighboring  stages 
where  there  are  no  laws  to  prevent  the  production  of  same;  in. 
fact  it  would  amount  to  driving  not  a  few  manufacturers  out  of 
the  State  or  out  of  business.  We,  for  one,  would  stay  in  the  State, 
but  we  would  produce  only  certain  lines  of  goods  and  put  out  of 
employment  about  fifty  girls. 

We  are  very  much  in  favor  of  anvthing  that  tends  to  improve 
labor  conditions,  and  in  fact  try  to  be  ahead  of  the  law  in  a  good 
many  instances. 

If  our  neighboring  states  would  pass  similar  laws  we  would  be 
on  an  equal  basis,  and  we  could  continue  the  manufacture  of  our 
present  lines,  but  would  have  to  raise  the  cost  to  the  consumer  by 
cutting  the  size  of  the  pieces  of  candy  to  get  out  the  extra  costs, 
as  in  our  business  competition  is  so  keen  at  the  present  time  that 
it  barely  pays  a  man  for  the  hard  work  and  capital  invested  to 
bother  and  worry  about  keeping  a  lot  of  help  employed. 


Minimum  Wage  Symposium  807 

Statement  of  Adolph  Lewisoiix 

I  have  vours  of  October  3rd,  asking  me  to  give  you  my  views 
on  the  subject  of  minimum  wage  legislation.  I  am  not  in  a 
position  to  make  a  memorandum  of  any  great  length  on  this  sub- 
ject, as  I  have  not  studied  it  in  detail  though  I  have  given  some 
thought  to  the  general  problem.  I  would  therefore  only  care  to 
state  my  general  views. 

My  view  is  that  it  is  a  sound  policy  if  confined  at  the  start  to 
certain  underpaid  industries.  It  seems  to  me  that,  if  the  mini- 
mum is  not  made  too  high,  it  may  in  those  cases  be  possible  to 
secure  wages  more  adequate  to  the  needs  of  the  workers  without 
reducing  the  consumption  of  goods  produced  by  such  workers  and 
thus  indirectly  throwing  a  large  number  out  of  work.  Any  too 
radical  provisions  might  prejudice  such  legislation  by  causing 
serious  economic  readjustments,  whereas  if  done  in  a  conserva- 
tive way  it  might  work  quite  some  benefits.  I  understand  .that 
experience  has  shown  pretty  thoroughly  that  where  minimum 
wage  legislation  has  been  enacted  conservatively  and  with  a  view 
to  proper  economic  necessities,  it  has  been  quite  eft'ective  and 
successful  in  standardizing  wages  in  the  industries  covered  by 
such  legislation  and  protecting  those  wage  earners  that  are  unable 
to  bargain  collectively. 


Statement  of  Egbert  Luce 

Let  me  preface  my  reply  by  saying  that  I  am  president  and  chief 
owner  of  the  Press  Clipping  Bureau  known  by  my  name,  employ- 
ing about  one  hundred  persons,  chiefly  young  women,  in  offices  in 
ISTew  York  and  Boston.  In  the  course  of  the  twenty-six  years  of 
its  existence,  I  have  been  in  contact  with  the  conditions  of  such 
employment  in  those  cities,  all  the  time  in  Boston,  twenty-one 
years  in  New  York  —  as  well  as  for  a  few  years  in  Cincinnati, 
Chicago  and  Denver.  Purely  as  evidence  that  I  am  not  un- 
acquainted with  the  problems  involved  when  looked  at  from  other 
points  of  view,  I  take  the  liberty  of  saying  that  I  served  nine 
years  in  the  Massachusetts  Legislature,  was  appointed  Chairman 
of  the  Massachusetts  Commission  on  the  Cost  of  Living,  and  as 
Lieutenant-Governor  of  the  State  was  for  a  year  a  member  of 


808  Appendix  III 

the  Governor's  council.  If  the  conclusions  reached  as  a  result  of 
this  somewhat  varied  experience  can  be  of  any  help,  I  shall  be 
glad. 

Perhaps  500  young  working  women  have  come  more  or  less 
closely  under  my  observation  during  this  time.  I  have  no  reason 
to  believe  that  five  of  them  were  wholly  dependent  on  their  wages. 
AVe  have  preferred  to  employ  them  fresh  from  school.  Almost 
invariably  their  earnings  have  gone  to  swell  a  family  income. 
This  is  a  point  that  in  the  discussion  of  the  minimum  wage,  is 
often  lost  from  sight.  In  the  case  of  the  great  mass  of  the  women 
wage  earners  of  the  country,  it  is  a  question  of  the  family  and 
not  of  the  individual.  Much  of  the  argument,  however,  assumes 
that  the  individual  is  the  social  unit,  and  not  the  family. 

Our  girls  rarely  stay  with  us  many  years.  Some  time  ago  I 
made  a  somewhat  laborious  calculation  and  found  that  they 
averaged  to  stay  with  us  forty-four  months.  Conditions  may  have 
changed  since  then,  but  not  greatly.  I  have  been  told  we  do 
better  than  the  telephone  company,  where  the  average  is  said  (if 
I  remember  right)  to  be  about  thirty-three  months.  The  tele- 
phone girls  have  greater  opportunity  for  speedy  matrimony.  That 
is  not  a  matter  of  humor,  but  of  economic  fact.  My  observation 
is  that  practically  all  young  women  engage  in  wage-earning  effort 
as  a  makeshift,  with  matrimony  as  the  looked-for  relief. 

This  puts  young  working  women,  as  a  class,  on  an  altogether 
different  plane  from  young  working  men.  Their  employer  knows 
that  in  nine  cases  out  of  ten  (speaking  broadly),  he  will  presently 
lose  all  the  capital  he  has  invested  in  training.  Every  time  one 
of  our  girls  goes  out  of  the  door  after  her  resignation,  we  see  go 
with  her,  on  the  average,  several  hundred  dollars  of  our  capital, 
invested  in  making  her  an  efficient  worker.  This  of  course  we 
must  recoup.  It  is  therefore  natural,  logical,  and  inevitable  that 
a  worker  of  this  class  shall  receive  less  pay  than  one  of  the  class 
that  brings  some  permanence  of  employment,  namely,  men. 

My  business,  while  giving  me  a  living,  has  never  paid  for  any 
length  of  time  more  than  the  normal  return,  taking  into  account 
the  usual  conditions  as  considered,  for  instance,  by  appraisers  of 
business  estates.  If  we  are  to  pay  higher  wages,  either  profits 
must  fall  below  the  normal,  finally  resulting  in  the  devoting  of 


Minimum  Wage  Symposium  809 

our  energies  to  some  other  field,  or  prices  must  be  raised.  If  we 
can  raise  prices  without  loss  of  business,  the  consumer  will  bear 
the  burden,  of  course.  This  may  be  the  just  and  useful  outcome 
of  a  minimum  wage  law.  I  should  be  very  sorry  to  be  thought 
opposed  to  such  a  result.  I  should  be  very  glad  to  see  all  our  girls 
get  more  money.  If  my  competitors  are,  in  the  various  states 
where  competition  exists,  put  under  the  same  conditions,  I  shall 
cheerfully  take  my  chances.  But  the  economic  possibilities  for 
the  girls  themselves  seem  to  me  of  enormous  consequence. 

Under  the  competitive  system  each  wage-worker  gets,  normally, 
the  equivalent  of  the  benefit  he  or  she  confers  on  society  by  labor. 
The  serious  question  is  this,  to  my  mind :  How  about  the  worker 
who  by  reason  of  physical  or  mental  inefficiency  is  incapable  of 
conferring  on  society  by  labor  a  benefit  equal  to  the  minimum 
wage  proposed  to  be  enforced  by  law  ?  If  the  community  is  pre- 
pared to  make  up  the  difference,  by  public  charity  or  otherwise, 
well  and  good.     But  will  not  the  cost  be  tremendous  ? 


Statemein't  of  K.  B.  Mathes 

In  our  industry  (novelties  and  fancy  goods)  we  employ  both 
males  and  females,  and  of  various  ages  and  various  skill  and  the 
matter  of  a  minimum  wage  scale  has  received  considerable 
thought.  I  am  convinced  legislation  along  this  line  would  be  the 
worst  possible  thing  and  would  not  be  practical.  My  reasons  for 
forming  this  opinion  are  as  follows: 

In  the  first  place,  it  is  a  fact  that  in  every  industry  you  will 
find  employes  whose  intelligence  and  skill  are  below  the  average. 
There  is  a  larger  proportion  of  this  class  of  people  than  the  average 
individual  has  any  idea  of,  and  when  times  are  good  these  people 
are  almost  always  employed  and  are  usually  paid  what  they  are 
worth,  but  to  fix  a  minimum  scale  would  almost  eliminate  this 
class  of  people  from  employment  in  the  State.  I  believe  this  is 
one  question  that  needs  very  careful  consideration. 

It  seems  to  me  even  if  this  law  were  to  be  enacted  that  it 
is  a  most  inopportune,  time  to  do  it  now,  or  for  the  next  five  or 
ten  years.     We  are  just  now  beginning  to  realize  what  the  new 


810  Appendix  III 

tariff  law  means.  I  am  satisfied  it  will  take  five  years  for  iis  to 
fully  realize  the  workings  of  it.  I  cannot  see,  judging  it  from 
every  point,  and  having  listened  carefully  to  what  has  been  said 
by  all  of  the  heads  of  the  manufacturing  establishments  in 
Batavia,  who  are  now  in  an  association,  how  this  new  tariff  law 
can  help  but  make  some  very  important  changes.  iSomething  has 
got  to  happen,  either  we  must  raise  our  prices  or  else  lower  our 
cost  of  production.  Xine  industries  out  of  ten  are  affected  in 
some  way  or  another,  and  it  is  my  opinion  this  is  what  is  the 
matter  with  the  country  today. 

The  importation  of  foreign  merchandise  is  increasing.  This  is 
due  to  the  fact  that  the}^  can  now  be  bought  abroad  cheaper  than 
they  can  be  bought  at  home,  and  the  reason  of  this  is  that  the 
labor  abroad  does  not  begin  to  cost  as  much  as  it  does  here.  Xow, 
to  come  along  on  top  of  this  and  especially  on  top  of  the  recently 
enacted  Workmen's  Compensation  Law  with  a  law  to  fix  wages, 
that  is  to  say,  what  the  minimum  must  be  according  to  law, 
would  be  the  "  last  straw." 

As  near  as  I  can  ascertain  from  the  sentiment  of  my  associates, 
not  one  of  them  is  against  proper  legislation,  but  it  seems  to  me 
this  State  has  worked  itself  up  into  a  legislative  frenzy  or 
"  frenzied  legislation  "  if  you  please  to  call  it  such.  We  are  going 
fast  and  furious,  without  understanding  or  comprehending  the 
consequences. 

I  cannot  understand  how  a  law  such  as  is  suggested  by  your 
letter  would  be  of  any  possible  benefit.  In  normal  times  Avhen 
there  is  a  steady  demand  for  merchandise,  this  question  of  labor 
is  absolutely  bound  to  regulate  itself,  and  all  of  the  minimum 
wage  laws  would  be  of  no  avail  when  times  were  bad.  Without 
this  law,  those  who  are  not  competent  to  earn  what  would  prob- 
ably be  determined  as  the  minimum  wage  would  be  employed,  and 
they  are  just  the  class  of  people  .that  should  be  employed  and  en- 
couraged, otherwise  if  they  were  throwTi  upon  the  public  at 
large  without  employment,  crime  would  increase.  I  think  these 
are  points  that  are  very  worthy  of  consideration. 

Another  point  that  certainly  should  be  taken  into  consideration, 
is  the  fact  that  the  average  female  worker  is  not  dependable.  In 
many  of  the  industries   she  must  be  taken   into  the  shop   and 


MI^-IMUM  Wage  Symposium  811 

schooled  for  some  time,  varying  of  course  according  to  the  in- 
dustry, to  allow  her  to  gain  knowledge  of  the  business  sufficient  to 
be  of  service,  and  in  my  experience  covering  the  last  ten  years, 
as  a  steady  employer  of  female  labor,  I  am  convinced  that  it  would 
never  be  reasonable  or  just  to  pay  the  female  worker  as  much  as 
the  male  worker,  even  though  they  performed  the  same  labor  and 
are  fully  as  skilled,  for  the  reason  that  they  are  not  dependable. 
There  are  exceptions,  and  those  exceptions  are  invariably  taken 
care  of,  but  the  general  rule  is,  that  in  five  cases  out  of  eight, 
you  will  no  sooner  get  one  efficient  and  well  skilled  than  you  will 
politely  be  given  an  invitation  to  a  wedding,  and  then  you  can 
begin  your  work  all  over  again.  iSTow,  this  is  a  perfectly  natural 
consequence,  and  every  factory  has  it  to  contend  with,  and  how 
you  can  consistently  make  a  minimum  wage  scale  to  cover  such 
cases  is  beyond  my  comprehension. 


Statement    of    the   New   York   State    Eetail    Dry   Goods 

Association 

Business  men  are  proverbially  poor  speakers  and  loath  to 
publicly  express  their  opinions,  either  by  word  cf  mouth  or  in 
writing;  hence,  though  not  unwilling,  we  feel  a  hesitancy  to 
express  our  opinions  at  this  time.  This  hesitancy  also  applies 
to  workers,  who,  like  business  men,  find  little  time  from  out  cf 
their  busy  days  to  speak  or  record  their  thoughts.  It  will  not 
be  strange,  therefore,  if  the  publicly  expressed  opinions  should 
seem  to  preponderate  in  favor  of  standardizing  wages  by  legisla- 
tion, because  most  of  the  opinions  so  expressed  are  those  of 
theorists,  social  workers  and  professional  writers  —  all  public 
speakers  —  and  are  not  the  thoughts  of  practical  workers,  nor 
those  of  men  conducting  businesses. 

Establishing  a  minimum  wage  by  legislation  must  be  regarded 
as  an  innovation  and  experiment  in  legislation  in  this  and  other 
countries.  Its  most  ardent  advocates  can  hardly  point  anywhere 
to  its  complete  success,  and  where  in  other  countries  it  is  shown 
to  be  partially  successful,  the  conditions  of  employment  and  liv- 


812  Appendix  III 

ing  vary  so  from  ours  as  not  to  constitute  a  proper  uor  safe  guide 
for  its  adoption  here. 

Recently  some  have  based  their  arguments  for  additional  wage 
on  the  theory  that  low  wages  and  immorality  are  closely  allied. 
Deep  and  careful  study  for  more  than  two  years  by  leading  in- 
vestigators and  publicists  has  shown  the  fallacy  of  such  argu- 
ments and  that  they  are  baseless,  and  we  mention  them  only  not 
to  seem  to  evade  them. 

It  is  not  our  intention  here  to  dwell  on  the  great  probability 
that  minimum  wage  legislation  is  unconstitutional,  involving  as 
it  does  the  unalienable  right  of  the  individual  to  contract.  We 
believe  such  laws  are  unconstitutional  —  but  whether  so  or  not, 
these  questions  are  now  before  the  courts,  including  the  highest, 
that  is  the  Supreme  Coui't  of  the  United  States,  and  we  can  trust, 
to  their  proper  decision.  We  do,  however,  recognize  the  very 
great  difficulty  which  lies  in  attempting  to  standardize  so  subtle 
a  thing  as  salesmanship  or  wage-earning  power,  and  if  such  a 
thing  were  possible,  because  of  the  personal  elements  which 
enter  so  largely  into  the  problem,  it  should  not  be  undertakeji 
by  the  legislature.  To  attempt  to  put  a  fixed  value  on  an  un- 
known quantity  is  surely  dangerous  legislation  and  will  in  prac- 
tice be  a  constant  menace  to  progress,  to  personal  initiative  and 
to  development. 

A  minimum  wage  law  will  in  no  wise  promote  additional  busi- 
ness. Its  effect  will  be  the  very  opposite.  It  will  limit  business 
and  limit  employment.  We  turn  our  attention  for  the  moment 
to  the  minor  who  has  reached  the  age  where  some  employment 
can  be  had,  and  who  is  required  to  be  of  help  toward  the  family 
support  The  State  has  given  him  or  her  an  ordinary  educa- 
tion, but  even  if  it  has  been  of  a  technical  nature,  her  efficiency 
and  capacity  to  cam  a  living  is  very  small.  We  claim  that  the 
modem  mercantile  establishments  of  the  United  States  liave  be- 
come practically  extension  schools  for  such  minors;  that  coming 
in  contact  with  the  public  through  them  is  in  itself  a  great  op- 
portunity for  education ;  that  training  is  furnished  amid  helpful 
and  proper  surroundings,  and  with  it  is  given  a  reasonable  con- 
sideration ;  and  unless  the  State  provides  such  places  for  train- 
ing, or  better  places,  such  opportunities  would  be  lost  to  thou- 


Miis'iMUM  Wage  SvMrosiuM  813 

sands  needing  them ;  and  if  the  State  did  attempt  to  provide  &ueh 
vocational  training,  it  could  only  be  done  at  tremendous  expense. 
State  training  could  hardly  be  practical  but  only  a  theoretical 
training  at  best,  because  it  could  not  bring  its  pupils  into  con- 
tact with  actual  conditions.  We  claim  as  practical  fathers,  it  is 
for  the  best  interests  of  that  minor  to  be  brought  into  touch  im- 
mediately with  practical  training,  and  the  State  should  not 
hinder  nor  embarrass  that  minor  through  wage  legislation  of  this 
sort 

There  are  many  analogous  cases  to  this,  of  people,  for  in- 
stance, who  are  not  minors.  We  cite  that  only  of  the  minor  at 
this  time,  as  we  desire  to  be  brief.  Facts  will  show  that  only  a 
very  small  percentage  of  girls  or  women  who  receive  low  wages 
are  without  the  benefit  of  family  or  home  support. 

We  turn  again  for  the  moment  to  the  effect  on  the  minds  of 
many  of  the  young  in  the  event  of  the  establishment  of  a  mini- 
mum wage  by  law.  We  feel  that  it  would  carry  with  it  the  as- 
sumption that  there  is  a  definite  established  wage  waiting  for 
anyone  who  chooses  to  enter  employment,  creating  on  the  part 
of  some  a  desire  for  freedom  from  parental  or  home  restraint. 
Home  duties  might  seem  more  onerous  because  of  this  presumed 
available  opportunity.  It  is  a  phase  of  the  question  to  be  viewed 
with  apprehension. 

The  movement  of  useful  members  of  rural  communiiies  to  the 
cities  is  constantly  going  on.  Will  not  the  glittering  "  will  o' 
the  wisp  "  of  a  standard  minimum  wage  be  an  added  allurement, 
eventually  disillusionizing  to  thousands?  If  instead,  whether  in 
city  or  country,  this  young  woman,  who  is  fitted  for  home  work, 
could  remain  in  the  home  and  not  have  this  attraction,  would  not 
the  effect  upon  home-keeping  be  worth  consideration? 

We  believe  a  law  of  this  kind  will  tend  to  destroy  initiative, 
that  it  will  work  against  women  and  in  favor  of  men,  and  that 
the  State  should  not  put  its  seal  of  approval  on  such  discrimina- 
tion. 

We  feel  that  it  would  retard  the  progress  of  the  more  efficient 
workers  and  that  the  less  capable  would  be  carried  at  the  ex- 
pense of  the  others.  This  will  surely  result.  The  moderately 
capable  would    in   many   instances   suffer  curtailment   of  work, 


814  Appendix  III 

perhaps  imemplo}inent,  though  at  present  they  receive  what 
benefit  there  is  to  be  had. 

We  fear  that  to  establish  arguments  for  miuiminn  wage  by 
legislation,  too  many  times  undue  stress  has  been  laid  on  the 
lowest  wages  paid,  and  there  has  not  been  properly  presented 
records  of  the  efficient  and  the  successful;  in  fact  that  in  investi- 
gations, too  often,  arguments  have  been  sought  to  sustain  the 
idea  of  minimum  wage  legislation  rather  than  to  approach  this 
important  matter  from  an  unprejudiced  and  judicial  standpoint. 

We  do  not  purpose  here  to  discuss  the  early  days  of  store-keep- 
ing with  its  long  hours  and  low  pay,  nor  the  growth  to  the  im- 
proved, modem,  mercantile  establishments  of  today.  It  is  suf- 
ficient perhaps  to  quote  from  a  report  made  to  the  Xational  Civic 
Federation  in  July,  1913,  after  searching  investigation :  "  Physi- 
cal conditions  in  the  modern  department  store  conducive  to  the 
comfort  of  the  worker,  are  as  favorable  as  those  of  any  line  of 
trade  or  industry  in  this  country.  There  is  good  reason  to  be- 
lieve even  that  the  average  is  appreciably  better,  and  indeed 
some  of  the  welfare  work  is  really  wonderful."  And  again: 
"  The  average  wage  paid  women  employees  in  Xew  York  de- 
partment stores  is  appreciably  higher  than  the  average  of  fac- 
tories, mills,  and  like  industries." 

The  general  saleswoman's  work  should  not  be  compared  with 
factory  or  office  w^ork.  Her  work  is  light,  not  onerous;  it  Is  not 
constant,  as  is  the  work  of  a  factory  employee ;  she  is  nor  engaged 
in  actual  labor  to  exceed  40  or  50  per  cent,  of  her  working  hours; 
she  has  during  the  day  many  periods  of  rest  from  labor;  she  is 
allowed  hours  off  each  day  for  shopping;  she  is  allowed  time  off, 
without  docking,  for  personal  reasons  and  family  obligations, 
and  even  at  times  for  social  reasons.  She  is  pretty  generally 
these  days,  given  either  a  summer  vacation  or  weekly  half-holi- 
days without  looS  of  pay.  ]\roreover,  there  enters  into  this 
problem,  over  and  alx>ve  wages  paid  to  each,  other  elements 
which  are  equivalent  to  an  addition  to  her  pay.  On  all  her 
purchases  made  in  the  store  (and  in  the  average  department  store 
this  covers  practically  all  her  wearing  apparel  and  personal  needs, 
and  in  some  cases  household  needs  as  well),  she  receives  a  very 
considerable  disccimt  or  reduction  from  regular  prices.     Is  this 


Minimum  Wage  Symposium  815 

not  wages  as  well?  Too,  in  the  average  store  of  reasonable  size, 
there  are  iiot  less  than  twenty  departments  or  subdivisions,  all 
calling  for  managers  or  buyers,  or  ottering  advanced  positions, 
affording  opportunities  for  promotion  and  incentive  to  attain  it. 
It  will  be  found  that  the  compensation  of  these  successful  workers 
will  average  more  than  that  of  the  medical,  or  legal,  or  minister- 
ial profession. 

There  is  another  element  which  enters  into  employment  of 
women  and  rate  of  wages  paid.  At  the  outset  no  new  w^orker 
returns  to  her  employer  anywhere  near  100  per  cent,  of  efficiency. 
There  is  a  training  period  varying  from  months  to  a  year  or  two, 
involving  loss  of  profit  in  her  work,  which  may  be  recouped  if  her 
period  of  service  be  sufficiently  long:  but  many,  indeed  most 
women,  look  upon  work  as  temporary  until  they  are  married,  and 
many  workers  leave  to  be  married  before  they  have  returned 
value  for  wages  paid.  The  employer  is  then  under  the  necessity 
of  again  training,  at  his  expense,  a  new  worker.  This  largely 
tends  to  hold  down  wages  for  the  beginner,  and  no  legislation 
could  overcome  it.  In  this  country,  the  per  cent,  of  women  over 
nineteen  years  of  age,  marrying,  is  80  per  cent. 

Every  saleswoman  in  this  State  is  free  to  better  her  position  at 
any  time.  We  express  it  as  our  firm  opinion  that  the  rank  and  file 
of  women  in  mercantile  establishments  do  not  desire  a  standard 
minimum  wage  law,  and  would  regret  the  application  of  such  a 
law  to  their  work. 

The  rate  of  wages  should  not  depend  upon  legislation  and  it  is  a 
wrong  theory  of  economies  which  argues  in  favor  of  such  a  method. 
Every  business  man  brought  up  in  the  hard  school  of  a  working 
life,  knows  that  the  old  adage,  "  There  is  no  royal  road  to  success  " 
is  true.  Such  men  will  always  feel  that  the  burning  question  is 
not  that  of  a  minimum  wage,  but  that  of  "  getting  a  job,"  and 
having  the  job,  by  hustle,  energy  and  ability,  earn  the  promotion, 
which  admittedly  may  be  slower  in  coming  than  any  of  them  would 
like.  That  man  or  woman  only  whose  ability  and  industry  is 
marked,  is  economically  the  one  to  receive  the  promotion  and  bet- 
tered wage.  President  Wilson  in  an  address  this  month  (Janu- 
ary) said :  "  Some  men  are  going  to  get  beaten,  because  they  have 
not  the  brains,  they  have  not  the  efficiency,  they  have  not  the 


816  Appendix  III 

skill,  they  have  not  the  knowledge,  they  have  not  the  capacity  that 
other  men  have.  They  will  have  to  be  employed,  they  will  have 
to  be  used  where  they  can  be  used.  We  do  not  need  to  conceal 
from  ourselves  that  there  are  varieties  of  capacity  in  the  world.'' 

We  feel  that  establishing-  a  standard  or  minimum  wage  b\  law 
is  fallacious  law-making,  ^^o  one  to-day  regrets  the  failure  of  the 
greenback  theory,  "  which  sought  by  plausible  argument  to  prove 
that  manufacturing  paper  money  woiild  be  a  suitable  undertaking 
for  the  Government,"  nor  does  any  one  any  the  less  regret  the 
failure  to  commit  our  Government  to  free  coinage  of  silver,  "'  thus 
producing  plenty  of  silver  money."  Every  one  now  recognizes  the 
disturbance  to  business  and  the  economical  disorder  that  would 
have  ensued  had  these  fiats  been  introduced  and  become  the  law  of 
the  land.  Both  these  movements  had  sincere  believers  and  advo- 
cates, but  safe,  conservative  business  men  were  then  against  such 
fallacies  as  they  are  now  against  what  they  believe  to  be  uneco- 
nomic and  unsound  legislation ;  to  wit :  the  proposed  establishment 
of  a  minimum  wage  by  legislative  enactment. 

From  the  standpoint  of  a  taxpayer  such  legislation  would  be  a 
very  serious  matter.  Let  us  suppose  that  the  minimum  wage  had 
become  a  law.  Xaturally  the  attitude  of  employers  would  be  to 
insist  that  every  person  who  was  paid  the  minimum  -wage  should 
be  sufficiently  efficient  to  earn  it.  This  would  force  upon  the  State, 
and  employers  would  insist  upon  it,  the  necessity  for  special  voca- 
tional training  for  each  kind  of  work  for  which  employment  was 
given.  This  would  call  for  a  complete  rearrangement  of  the  Edu- 
cational Department  of  the  State,  for  additional  vast  sums  of 
money  to  establish  such  schools,  and  beyond  that  would  call  for  a 
very  large  appropriation  for  enforcing  the  law  and  supervising  the 
working  of  it,  thus  adding  burdens  to  the  already  over-burdened 
taxpayers.  Our  State  and  Xational  Governments  are  now  facing 
serious  deficits.  Many  people  feel  that  these  deficits  are  largely 
caused  through  experiments  in  law  undertaken  in  State  and  nation, 
affecting  economic  conditions,  and  which  have  not  demonstrated 
their  usefulness. 

The  basis  of  legislation  should  be  justice  after  all  facts  are 
known.  Wages  are  not  the  only  factor  to  be  concerned  with  in 
determining  justice  and  the  scientific  spirit  should  be  shown  not 


Minimum  Wage  Symposium  817 

only  in  inquiries  as  to  wages,  but  also  as  to  the  kind  of  service 
rendered,  and  whether  adequate  or  any  sendee  is  being  given. 
Eeasoning  to  the  logical  end,  a  minimum  wage  based  simply  on 
needs  is  unscientific.  It  says  six,  eight  or  twelve  dollars  a  week 
shall  be  paid  no  matter  what  service  is  rendered,  or  indeed  if  any, 
so  long  as  the  person  to  be  paid  wages  is  an  employee.  If  a  person 
is  not  an  employee,  but  is  out  of  employment,  there  would  appear 
to  be  no  obligation  on  the  part  of  any  one  to  see  that  he  has  a 
living  wage.  The  mere  giving  of  employment  carries  with  it  an 
obligation  to  pay  six,  eight  or  nine  dollars,  whatever  it  may  be, 
regardless  of  the  quality  or  kind  of  work  done.  If  because  one  is 
an  employer  and  obligated  to  support  someone  at  a  given  rate,  on 
whom  does  the  obligation  rest  to  support  the  unemployed?  We 
do  not  think  it  just  to  say  that  an  employer  is  under  obligation  to 
pay  anybody  anything  when  there  is  not  a  corresponding  obliga- 
tion to  return  in  earning  power  the  full  sum  paid.  Obligation  for 
the  payment  of  the  difference  between  earning  power  and  wages 
paid  belongs  somewhere  else.  It  is  not  an  obligation  upon  the 
employer  because  he  is  an  employer^  but  a  moral  obligation  or  a 
public  obligation  to  be  shared  alike  by  employer,  consumer,  non- 
employer,  the  family,  society,  or  the  State.  It  is  a  moral  obliga- 
tion to  be  borne  share  and  share  alike  by  everybody,  and  not  to  be 
shouldered  upon  the  employer  alone.  If  such  difference  must  be 
borne  somewhere,  and  if  a  person  cannot  earn  a  living  wage,  why 
not  go  the  whole  way  and  put  the  difference  between  what  she  can 
earn  and  what  she  needs,  upon  the  State,  imposing  a  tax,  or  by 
some  other  method,  but  we  do  not  think  that  anyone  would  feel 
like  subsidizing  either  an  employee  or  employer  that  way.  It 
surely  cannot  be  just  reasoning  to  put  that  burden  on  the  em- 
ployer alone,  nor  an  answer  to  say  that  he  can  recoup  himself,  if 
forced  to  shoulder  a  burden  not  his,  by  raising  prices,  because  the 
fixing  of  prices  is  not  in  his  hands. 

No  one  is  under  obligation  to  employ  a  slothful,  incompetent  or 
inefficient  person ;  no  one  is  under  obligation  having  hired  such, 
to  keep  them  despite  any  legislation,  and  no  one  is  under  moral 
obligation,  even  though  through  pity  or  charity  they  do  employ 
such,  to  pay  them  more  than  they  can  earn,  simply  hecause  they 
are  employers.     The  obligation  is  purely  a  charitable  or  moral 


S18  Appendix  III 

obligation  incumbent  upon  us  all  alike,  not  as  employers,  but 
simply  as  people  kindly  or  charitably  inclined.  If  an  employer 
does  pay  to  an  inefficient  worker  more  than  is  earned,  it  is  kind- 
ness or  charity,  pure  and  simple,  and  we  can  not  legislate  charity 
into  each  other  and  do  it  justly,  any  more  than  Ave  can  legislate 
efficiency  into  a  worker. 

The  minimum  wage  plan  is  based  on  the  theory  that  the  person 
employed  by  a  private  business' concern  should  be  paid  wages  on 
needs,  rather  than  on  the  quality  or  kind  of  service  rendered  or 
work  done.  The  first  purpose  of  a  business  concern  must  neces- 
sarily be  to  make  that  business  profitable,  and  that  must  be  done, 
even  though  its  heads  may  be  largely  dominated  by  a  desire  to  do 
charitable  and  kindly  acts.  Without  that  the  business  could  not 
continue  and  there  would  then  be  no  chance  to  give  employment 
to  anybody.  It  follows  then  that  every  employee  must  be  a  profit 
maker  in  some  form,  for  no  business  could  exist  unless  its  em- 
ployees earned  for  it  a  per  cent  more  than  they  were  paid  in 
wages.  Economically  then  that  principle  of  wage  payment  which 
requires  wages  to  be  paid  on  any  other  theory  than  value  returned 
is  wrong. 

We  do  not  argue  in  behalf  of  excessive  profits  and  we  disapprove 
of  bad  methods  that  in  isolated  cases  may  exist.  We  do  not  argue 
against  the  doing  of  kind  acts,  because  the  majority  of  business 
men  constantly  are  doing  such  acts,  but  only  present  this  argument 
to  establish  the  above  sound  economic  principle  of  wage  payment. 

Abuse  of  power  in  business  is  bad;  everybody  knows  that. 
Fortunately  that  kind  of  business  administration  is  in  the  small 
minority.  ]^o  group  of  more  honorable  business  men  exists  in  the 
world  than  those  conducting  business  affairs  in  the  United  States ; 
but  it  almost  seems  that  the  desire  of  investigators  to  correct 
economic  evils  causes  them  to  lose  sight  of  fundamentals,  and  to 
suggest  business  reforms  that  can  only  be  carried  into  execution 
after  business  itself  has  been  conducted  along  far  different  lines 
and  \vith  a  greater  profit  possibility  than  that  which  now  obtains. 

We  present  it  as  our  firm  opinion  that  the  proposed  minimum 
wage  legislation  is  unscientific,  uneconomical,  unnecessary  and 
unwise ;  that  it  is  not  sought  for  by  the  public,  nor  even  by  a  con- 
siderable minority  of  workers  —  surely  not  by  efficient  workers, 


Minimum  Wage  Symposium  819 

and  that  it  is  calculated  to  work  harm  to  all  workers.  We  desire 
to  put  ourselves  on  record  as  against  the  raising  of  questions  which 
are  in  a  doubtful  province  of  legislation  and  which  result  in 
agitation  and  disturbances,  for  unless  there  is  something  inher- 
ently wrong  in  the  conduct  of  business  —  and  there  is  not  —  there 
is  danger  in  fomenting  against  the  spirit  of  distrust. 

The  views  here  expressed  may  be  regarded  as  those  of  the  Retail 
Dry  Goods  Merchants  of  the  State  of  I*^ew  York,  excluding  Xew 
York  City,  which  has  a  separate  organization.  We  respectfully 
submit  for  serious  consideration  the  foregoing  observations,  which 
are  the  result  of  an  honest  effort  to  study  what  may  or  may  not 
be  gained  by  establishing  a  standard  wage  through  legislation. 
We  have  sought  to  do  this  from  the  broadest  outlook,  having  in 
mind  the  real  welfare  of  those  who  are  associated  with  us  in  busi- 
ness, and  for  whom  we  have  —  indeed  no  one  more  so  than  we  — 
a  vital  interest  and  deep  concern. 


Statement  of  F.  Colburn  Pinkham 
The  pressure  of  business  has  prevented  my  writing  at  this 
time  anything  regarding  the  attitude  of  this  association  on  the 
minimum  wage.  All  that  has  ever  been  officially  said  came  out 
in  my  "Annual  Report  and  Recommendations  "  about  a  year  ago. 
What  I  said,  I  think  properly  expresses  the  attitude  of  most  of 
our  members,  though  some  of  them,  a  small  minority,  are  in  favor 
of  a  minimum  wage.  I  quote  from  the  "Annual  Report  and 
Recommendations  "  of  last  year : 

"  There  is  an  increasing  agitation  for  minimum  wage  and 
shorter  hours  legislation.  Those  who  are  in  close  touch  with  the 
retail  business  must  realize  that  such  legislation  is  but  a  tempo- 
rary expedient.  The  employer  who  is  showing  no  genuine  interest 
in  trying  to  shorten  hours  and  increase  wages  is  greatly  in  the 
minority.  To  attack  all  merchants  for  the  faults  of  these  is 
foolish  and  even  to  pass  drastic  legislation  against  the  indifferent 
employer  may  not  prove  the  better  part  of  wisdom.  The  only 
way  to  bring  about  reform  is  by  education.  Experience  in  other 
indust'-ies  and  in  the  department  store  business  itself  can  be 


820  Appendix  III 

brought  to  prove  to  the  unenlightened  employer  that  it  is  to  his 
advantage  to  pay  the  best  wage  possible.  If  he  is  paying  all 
that  his  business  can  stand,  reformers  must  assist  him  to  make 
his  employes  more  efficient  in  order  that  increased  profits  may 
result  in  increased  wages.  Coercive  legislation  may  appease  the 
public  wrath,  but  it  cannot  provide  the  wisdom  to  cure  the  ignor- 
ance which  is  the  foundation  of  poor  wages  and  oppressive  hours, 
where  they  still  exist. 

"A  careful  investigation  has  revealed  the  real  truth  which  is 
that  nine  out  of  ten  department  store  executives  are  seeking  the 
way  to  make  the  economic  adjustment  which  will  enable  them  to 
help  their  employees.  Many  of  them  have  gone  to  the  expense 
and  labor  of  installing  schools  where  their  employees  can  be 
taught  the  rudiments  of  English,  mathematics  and  salesmanship. 
This  work  properly  belongs  to  the  public  schools  of  the  city  and 
state." 

I  hope  that  this  meets  the  requirements  of  the  case.  There 
seems  to  be  an  honest  difference  of  opinion  on  the  entire  minimum 
wage  question  and  it  is  only  by  studying  the  problem  in  the 
states  where  such  legislation  has  already  been  tried  that  we  can 
come  to  an  honest  conviction.  I  am  sure  that  the  members  of 
this  Association  are  prepared  to  be  convinced  either  way.  All 
that  we  want  are  the  facts.  If  the  law  does  all  that  it  is  claimed 
for  it,  then  it  is  a  good  thing.  Personally  I  am  in  doubt  as  to 
whether  the  minimum  wage  laws  already  passed  have  worked 
out  practically. 


Statement  of  H.  F.  Searles 

This  association  represents  about  forty  manufacturers  located 
in  the  cities  of  Cohoes  and  Waterford,  employing  more  than 
three  thousand  operatives  —  the  industries  are  widely  diversified, 
although  the  majority  of  the  operatives  are  engaged  in  the  manu- 
facture of  textiles,  including  cotton  cloth,  knit  goods  and  cotton 
bats.  We  also  have  a  considerable  number  of  operatives  en- 
gaged in  metal  trades. 

It  is  impossible  to  apply  the  same  arguments  or  principles  in 
considering  the  wage  problem  in  these  different  industries.     We 


Minimum  Wage  Symposium  821 

believe  that  in  competitive  manufacturiug  industries  the  ma- 
jority of  manufacturers  pay  as  large  wages  as  the  conditions  of 
competition  and  manufacture  will  permit  on  the  general  prin- 
ciple that  there  is,  and  has  been  for  a  long  time,  competition  in 
the  wage  market  as  well  as  in  the  manufactured  product  and 
only  by  paying  as  high  wages  as  the  manufacturer  can  afford 
and  continue  his  business  can  he  secure  a  satisfactory  grade  of 
operatives. 

We  would  suggest  an  important  factor  which  affects  the  individ- 
ual worker  (particularly  as  a  rule  those  earning  the  smaller 
wages)  not  only  as  to  the  rate  of  wages  which  he  or  she  receives, 
but  the  actual  money  received  in  the  wage  envelope  at  the  end  of 
the  week  and  that  is,  the  irregularity  of  the  operative  at  his  or 
her  work. 

It  is  the  experience,  we  believe,  of  the  majority  of  the  manu- 
facturers, in  at  least  textile  trades,  that  a  considerable  percentage 
of  the  operatives  do  not  work  steadily  or  continuously,  although 
the  opportunity  for  work  is  steady  and  the  demand  for  workers 
is  in  excess  of  the  supply.  This  problem  is  a  serious  one  to  the 
manufacturer  and  results  in  an  increased  cost  in  the  manufac- 
tured product  and  a  consequent  effect  on  the  general  average  of 
w^ages  which  can  be  paid.  We  believe  it  to  be  a  psychological  fact 
that  with  a  certain  percentage  of  workers  the  higher  wage  per 
diem  they  receive  the  greater  amount  of  time  is  spent  away  from 
work. 

Ultimately,  increased  rate  of  wages  to  the  operative  is  paid 
for  by  the  consumer,  but  until  this  increased  wage  is  secured  by 
normal  and  equitable  conditions  which  affect  all  of  the  manu- 
facturers in  competition  with  each  other  in  any  line  of  product, 
it  is  impossible  for  the  manufacturers  of  any  one  section  or  dis- 
trict to  operate  under  conditions  materially  more  exacting  than 
those  of  their  competitors  without  adversely  affecting  the  bvisiness 
prosperity  of  such  district  and  in  turn  re-acting  on  the  operatives 
themselves  in  loss  of  opportunity  to  work  at  any  price. 

The  labor  cost  entering  into  manufactured  products  is  such 
a  large  proportion  of  the  total  cost  in  most  cases  that  arbitrary 
regulation  of  the  labor  wage  in  any  district  or  State,  which  is 
materially  out  of  proportion  with  the  average  wage  in  competing 


822  Appendix  III 

territories,  we  believe  to  be  a  very  grave  question  and  one  that 
should  be  handled  conservatively. 

Our  conclusion,  therefore,  is  that  in  considering  the  establish- 
ment of  a  minimum  wage  which,  in  general,  we  believe,  has  its 
merits,  the  manufacturing  industries  of  the  State  in  the  light  of 
the  conditions  outlined  above,  should  be  reached  only  through 
general  legislation  which  would  affect  the  industries  at  large, 
instead  of  within  the  confines  of  any  one  State  or  district. 


Statement  of  Percy  S.  Straus 

In  complying  with  your  request  I  must  preface  my  remarks  by 
saying  that  I  find  myself  in  an  embarrassing  position.  I  am 
opposed  to  the  entire  theory  of  regulating  wages  by  law  for  reasons 
that  I  will  state  hereafter.  As  an  employer  of  a  large  number 
of  women,  however,  my  motives  in  objecting  to  such  legislation 
might  be  misunderstood.  For  that  reason  I  would  not  have  given 
formal  expression  to  my  views,  had  your  request  not  been  put  in 
such  form  as  to  make  responding  to  it  a  civic  duty. 

To  establish  a  minimum  wage  without  at  the  same  time  defin- 
ing the  amount  of  work  for  which  it  is  payable,  is  placing  a 
premium  on  the  shirker  or  rewarding  the  inefficient.  Such  an 
effect  is  obvious  to  anyone  who  has  been  in  a  position  to  observ^e 
the  varying  accomplishments  of  different  people  under  identical 
opportunities.  This  weakness  in  a  minimum  wage  by  law  might 
be  overcome  if  the  State  could  so  far  increase  its  paternal  super- 
vision as  to  establish  a  varying  minimum  dependent  on  both  re- 
turn and  length  of  service ;  thus  giving  to  the  beginner  a  wage 
which  might  not  be  adequate  for  complete  independence  and  ad- 
vancing it  as  experience  and  accomplishment  increased.  There 
are  many  objections  that  could  be  raised  to  this  method,  but  it 
would  at  any  rate  tend  to  obviate  the  need  of  society  paying, 
through  necessarily  increased  prices,  the  cost  of  comfort  for  the 
inefficient  or  the  unwilling  worker.  Unless  some  such  method  of 
controlling  the  payment  of  an  unearned  wage  could  be  contrived 
there  can  be  no  doubt  that  cost  would  increase  and  we  would  but 
be  started  again  on  a  chase  around  a  vicious  circle. 


Minimum  Wage  Symposium  823 

Obviously  there  are  varying  conditions  which,  if  due  considera- 
tion could  be  given  to  them  as  under  the  Massachusetts  law,  would 
require  the  establishing  of  different  minimum  wages  in  different 
industries,  and  even  a  number  of  minimums  in  the  same  industry. 
But  even  under  that  method  the  two  forces,  one  the  interest  of  the 
industry,  the  other  the  clamoring  social  needs  of  the  worker,  would 
result  in  an  increase  in  wage,  which  if' it  did  not  carry  with  it  a 
specified  additional  output,  would  necessarily  increase  the  cost. 

If  we  are  to  adopt  the  principle  that  every  worker  is  entitled 
to  a  wage  which  would  enable  her  to  maintain  a  definite  standard 
of  living,  irrespective  of  actual  earning  power  (and  that  is  the 
theory  of  all  minimum  wage  legislation),  we  should  do  so  realizing 
that  we  must  be  prepared  to  continually  increase  that  minimum  as 
fast  as  price  to  the  consumer  has  risen  to  meet  the  increased  cost 
of  manufacture  and  distribution. 

From  the  point  of  view  of  economic  theory  there  are  four  ele- 
ments to  the  cost  of  production :  Kent,  interest,  wages  and  profits. 
In  any  particular  enterprise  the  first  two  must  be  established  at 
the  outset,  the  one  by  treaty,  the  other  by.  market  rates.  Wages 
must  next  be  established  before  the  enterprise  can  be  fairly  started. 
Profits,  or  the  return  to  the  merchant,  as  distinct  from  the  sup- 
plier of  capital,  must  be  the  result  of  varying  conditions,  being 
larger  one  season  and  less  the  next.  The  proper  ratio  between 
wages  and  profits  has  been  the  question  that  has  agitated  econo- 
mists for  generations.  It  has  led  to  the  rise  of  trade  unions  and 
of  trusts,  and  has  been  the  cause  of  endless  industrial  conflict.  If 
a  minimum  wage  by  law  would  tend  to  overcome  this  strife  it 
w^ould  without  doubt  be  a  social  gain. 

^o  one,  however,  can  foreshadow  the  actual  result  of  such  legis- 
lation. Would  it  be,  as  I  stated,  to  add  an  additional  burden  to 
the  heavy  ones  already  borne  by  the  consumer,  or  would  it  be  a 
help  to  the  solution  of  the  problem  of  distribution?  If  the  law 
could  be  enacted  experimentally  we  should  be  justified  in  this 
State  in  taking  the  risk  of  finding  out  what  the  result  would  be, 
but  this  is  obviously  impossible.  Would  it  not  be  the  path  of 
wisdom  and  ultimate  advantage  for  New  York  to  adopt  the  watch- 
ful waiting  policy  ?  California,  Oregon,  Washington  and  Massa- 
chusetts have  minimum  wage  laws.  Let  us  of  this  State  wat«h 
their  workings  and  then  profit  by  their  experience. 


824  Appendix  III 

Statement  of  Henry  E.  Towne 

I  duly  received  your  letter  of  3rd  inst.,  in  which  you  ask  my 
views  conceruing  the  advisability  of  enacting  minimum  wage 
l^islation. 

The  subject  is  a  large  one,  and  the  arguments  for  and  against 
the  proposition  cannot  briefly  be  summarized,  but  I  submit  the 
following  comments: 

Our  works  at  Stamford  give  employment,  under  normal  con- 
ditions to  upwards  of  4,000  people,  and  I  am  deeply  interested  in 
all  efforts,  legislative  or  otherwise,  to  benefit  the  workers  of  all 
classes.  I  recognize  that  in  many  cases  the  wages  paid  to  women 
and  minors  are  insufficient  to  enable  them  to  maintain  themselves 
properly,  but  I  doubt  greatly  whether  the  evil  thus  implied  can 
be  much  benefited  by  direct  legislation.  The  condition  involved 
is  economic,  not  political,  and  in  most  directions  legislation  has 
little  effect  on  economic  tendencies  and  conditions.  In  the  present 
case  it  is  obvious  that  some  kind  of  regulation  is  desirable,  but 
it  is  by  no  means  obvious  what  kind  of  regulation  is  possible  or 
expedient.  The  fixing  of  a  minimum  wage  would  benefit  those 
now  receiving  a  smaller  wage  and  who  thereafter  continued  to 
find  employment,  but  it  would  greatly  injure  many  others  by  its 
inevitable  tendency  to  throw  the  inefficient  out  of  employment 
because  of  their  inability  to  render  services  for  which  the  em- 
ployer could  afford  to  pay  the  minimum  wage. 

It  may  fairly  be  argued  also  that  in  the  long  run  the  fixing  of 
a  minimum  wage,  if  such  wage  is  higher  than  the  present  prevail- 
ing rate,  would  imply  an  increase  in  the  cost  of  production,  and 
that  this  in  turn  would  imply  an  ultimate  increase  in  the  cost  of 
living.  If  so,  the  latter,  to  such  extent  as  it  obtained,  would 
nullify  the  benefit  intended  by  the  fixing  of  the  minimum  wage. 

On  general  principles  I  believe  that  artificial  interference  with 
economic  conditions  is  undesirable  per  se,  and  in  many  cases 
fails  of  its  object.  On  the  other  hand,  I  believe  that  great  benefits 
have  been  accomplished  and  that  many  more  are  still  possible 
from  wise  legislation  designed  to  safeguard  the  rights,  health  and 
interests  of  wage  earaers  of  all  classes,  and  that  one  of  the  most 
promising  methods  of  aiding  the  working  classes,  especially  the 
unskilled,  is  to  foster  and  promote  the  development  of  the  trade 
and  vocational  schools,  wherebv  in  the  future  the  number  of  skilled 


Minimum  Wage  Symposium  825 

workers  will  greatly  be  increased  and  the  ranks  of  the  unskilled 
proportionately  be  reduced.  When  this  reduction  of  the  unskilled 
has  progi'essed  sufficiently  it  will  operate  automatically  to  enhance 
the  wage  rate  by  reducing  the  number  of  unskilled,  and  thus  estab- 
lishing a  better  equilibrium  than  at  present  between  supply  and 
demand. 


Statemp:nt  of  G.  Vintschger,  Sk. 

I  am  strongly  inclined  to  think  that  wages  of  the  w^orking 
classes  will  be  regulated  by  laws  of  supply  and  demand,  and  cannot 
be  regulated  by  legislation.  This  applies  more  strongly  so  to 
countries,  which  are  entering  the  field  of  world's  trade,  and  this 
country  is  approaching  that  condition  most  rapidly.  It  is  now 
depending  very  largely  on  its  growing  foreign  trade,  and  I  be- 
lieve without  it,  it  would  soon  find  its  producing  capacity  to 
strongly  exceed  its  home  consumption. 

Under  such  conditions  it  follows,  that  a  regulation  of  wages  by 
a  legislature  would  do  more  harm  than  good,  because  it  might 
fix  wage-rates  which  would  burden  the  cost  of  production  and 
handicap  our  factories  too  strongly  in  competing  with  the  world's 
markets. 

The  ideal  of  our  philanthropic  legislators  might  prove  to  be  a 
great  obstacle  for  broadening  out  our  industries  in  a  general  way, 
and  a  fixed  rate  of  wages  might  do  more  harm  than  good  to  those 
who  should  be  benefited. 

Put  our  industrial  establishments  in  position  to  compete  with 
the  world  industries ;  let  us  look  after  a  world's  market ;  make  all 
nations  our  customers,  and  get  enough  work  for  our  factories  to 
keep  them  running  full  time  and  over,  and  w^ages  of  our  working- 
classes  will  improve  by  the  natural  law  of  supply  and  demand. 

This  is  my  candid  opinion,  and  I  submit  it  to  you  for  what  it 
is  worth. 


Statement  of  F.  E.  Wheeler 
Let  me  say  in  the  beginning  that  I  do  not  think  that  a  mini- 
mum wage  rate  would  affect  our  company,  as  the  lowest  wage 
rate  we  pay  is  higher  than  any  minimum  rate  that  would  be 
likely  to  be  suggested. 


826  Appendix  III 

Looking  at  the  matter  as  a  general  proposition,  however,  my 
judgment  would  be  strongly  opposed  to  any  minimum  wage  rate 
because  I  believe  it  would  work  a  great  hardship  on  a  good  many 
persons  who  most  need  work.  In  the  first  place  my  observation 
has  been  that  a  minimum  rate  retards  a  bright,  ambitious  man 
while  a  slow  or  lazy,  stupid  man  scon  becomes  slower,  more  lazy 
and  more  stupid.  Again  it  would  throw  out  of  work,  unless  the 
minimum  were  made  very  low,  men  and  women  who  are  not 
strong,  as  well  as  old  men  and  old  women,  and  probably  a  good 
many  boys  and  girls  w^ho  need  the  pay  to  help  support  families, 
and  who  if  thrown  out  of  work,  would  not  attend  schools,  but 
who  would  probably  be  learning  bad  habits  during  their  time  of 
enforced  idleness,  a  condition  which  would  be  bad  for  them  and 
bad  for  the  State. 

The  laws  in  Kew  York  State  now  are  so  onerous  that  they 
are  retarding  the  growth  of  manufacturing  in  the  State.  I  would 
not  go  as  far  as  some  and  say  that  the  present  laws  will  drive 
manufacturers  out  of  Xew  York  State  who  are  now  located  in 
the  State;  but  I  do  firmly  believe  that  manufacturers  who  are 
looking  for  a  location,  would  even  now  choose  any  other  State 
in  the  Union  in  preference  to  Xew  York. 

If  the  labor  laws  could  be  made  uniform  in  all  of  the  states 
it  would  not  matter  as  much,  at  least  to  those  of  us  who  confine 
our  sales  to  this  country,  but  to  single  out  one  State  and  put  in 
force  the  laws  that  have  already  been  passed,  together  with  those 
now  in  contemplation,  concerning  the  hours  of  labor,  the  ages  of 
those  who  labor,  the  compensation  bill  and  many  others,  is  mak- 
ing it  a  very  hard  proposition  for  those  who  manufacture  in  this 
State  to  compete  with  those  who  manufacture  in  other  states 
where  the  laws  are  less  drastic,  to  say  nothing  of  competing  with 
the  increase  of  importation  of  goods  made  in  other  countries 
where  wages  and  conditions  are  very  dissimilar  to  those  existing 
in  the  United  States. 

I  am  one  of  those  who  believe  that  manufacturing  should  be 
encouraged  and  not  discouraged,  and  I  feel  that  the  present  trend 
of  labor  legislation  is  surely  going  to  react  in  a  very  serious  man- 
ner upon  those  whom  it  is  designed  to  most  help. 


Minimum  Wage  Symposium  827 

VI.  COMMISSIONS 
GREAT  BRITAIN 

Statemejjt  of  G.  S.  Barnes 

^Yitl^  reference  to  your  letter  on  the  subject  of  legislation  for 
a  minimum  wage,  I  am  directed  bj  the  Board  of  Trade  to  say 
that,  as  the  Trade  Boards  Act  has  only  been  in  operation  for  a 
comparatively  short  period,  they  consider  that  it  is  as  yet  too 
early  to  express  a  definite  judgment  on  its  indirect  and  ultimate 
results. 

The  Board  are  of  opinion,  however,  that  provisional  replies, 
based  on  the  experience  so  far  obtained  of  the  working  of  the 
Act,  may  be  given  to  the  question  contained  in  your  letter,  as 
follows : 

(1)  The  Board  are  not  aware  of  any  general  tendency  among 
employers  to  reduce  rates  to  the  minimum  allowed  by  law  in 
cases  where  higher  rates  have  been  paid  in  the  past.  On  the  con- 
trary, there  is  reason  to  suppose  that  the  better  organization  of 
the  workers,  which  has  been  observed  to  have  taken  place  in  the 
trades  to  which  the  Act  has  been  applied,  tends  to  prevent  the 
legal  minimum  rate  from  becoming  in  fact  the  maximum. 

(2)  So  far  as  the  Board  are  aware,  there  has  been  no  general 
dismissal  of  workers  as  a  result  of  the  fixing  of  minimum  rates ; 
and  even  where  workers  have  been  dismissed  on  this  account,  it 
has  frequently  been  found  that  this  has  been  due  to  misunder- 
standing of  the  Act  and  ^ot  to  its  actual  provisions. 

(3)  The  Board  are  not  aware  of  any  tendency  on  the  part  of 
manufacturers  to  transfer  their  businesses  to  foreign  countries, 
or,  in  cases  where  lower  minimum  rates  have  been  fijied  for  Ire- 
land than  for  Great  Britain,  to  transfer  their  businesses  from 
Great  Britain  to  Ireland. 

(4)  There  is  no  evidence  in  the  possession  of  the  Board  to  show 
that  the  efficiency  of  workers  has  been  reduced  as  a  result  of  the 
fixing  of  minimum  rates  of  wages.  On  the  contrary,  there  are 
indications  that  in  many  cases  the  efficiency  of  the  workers  has 
been  increased.  The  fixing  of  minimum  rates  has  also  resulted 
in  better  organization  among  the  employers  and  in  improvements 
in  the  equipment  and  organization  of  their  factories. 


828  Appesdix  III 

CALIFORNIA 

Statemejjt  of  Katherine  Philips  Edson 
I  am  sorry  to  say  that  the  California  Industrial  Welfare  Com- 
mission has  not  completed  its  work  sufficiently  so  that  our  mini- 
mum wage  legislation  has  had  any  practical  test.  However,  cer- 
tain tendencies  have  been  observed  as  the  result  of  the  investigation 
which  I  fancy  is  somewhat  different  from  yours  as  we  have  a  law 
that  gives  us  power  to  not  only  investigate  but  to  determine  and 
fix  wages  in  any  industry  in  which  women  and  children  are  em- 
ployed. 

The  result  of  our  investigation  plus  the  fact  that  we  have  power 
has  tended  throughout  industries  of  the  State  to  raise  the  wages, 
many  employers  being  most  anxious  to  come  up  to  the  standard 
that  they  believe  will  be  set  by  the  Commission.  This  is  particu- 
larly true  of  the  dry  goods  industry  of  the  State  and  if  it  would  be 
of  interest  to  you  I  would  be  glad  to  send  you  the  comparative 
wages  paid  in  Los  Angeles  and  San  Francisco  in  1912  and  in  1914. 
Also  there  has  been  a  great  change  in  the  wages  paid  in  the  laundry 
industry. 

We  are  in  a  quandary  as  to  how  to  choose  the  wage  boards  from 
an  unorganized  industry.  The  only  industries  that  we  have  in 
California  which  are  organized  are  the  garment  trades  and  the 
laundry  industry  of  San  Francisco  and  around  the  bay.  The 
garment  trades  have  fought  minimum  wage  legislation  very  bit- 
terly and  have  succeeded  in  getting  the  State  Federation  of  Labor 
to  pass  a  resolution  opposing  a  constitutional  amendment  that  was 
submitted  to  the  people  to  constitutionalize  such  legislation  in  this 
State.     This  amendment  has  been  carried  by  a  safe  majority. 


Statement  of  Waltee  G.  Matiiewson 

The  work  of  our  Commission  has  thus  far  been  confined  to  the 
investigation  of  the  wages  paid,  the  hours  and  conditions  of  labor 
and  employment  in  the  various  occupations,  trades  and  industries 
in  which  women  and  minors  are  employed  and  as  to  the  cost  of 
living. 


■  Minimum  Wage  Symposium  829 

Our  next  step  will  be  the  holding  of  public  hearings  and  the  se- 
lection of  Wage  Boards  as  provided  by  the  law. 

You  will  see  from  the  above  that  we  are  in  no  position  to  speak 
with  knowledge  as  to  facts  on  the  subject  except  to  say  that 
the  passage  of  the  law  and  our  investigations  into  conditions  has 
already  had  the  effect  of  raising  wages  in  many  of  the  retail 
stores.  A  question  of  the  constitutionality  of  a  delegation  of 
legislative  powers  to  our  Commission  has  just  been  cleared  up  by 
a  constitutional  amendment.  This  will  have  still  greater  weight 
with  the  balance  in  our  favor  and  I  believe  will  have  the  effect  of 
causing  a  closer  co-operation  on  the  part  of  all  concerned  and  the 
Industrial  Welfare  Commission.  Heretofore  organized  labor  re- 
fused to  co-operate,  as  did  a  certain  number  of  the  employers. 
Speaking  personally,  I  look  forward  for  much  good  from  the  law. 


MASSACHUSETTS 
Statement  of  Robert  G.  Valentine 

In  reply  to  your  letter  of  October  30,  I  am  prompted  to  discuss 
very  briefly,  for  whatever  practical  value  may  lie  in  its  bearing  on 
minimum  wage  board  procedure,  some  of  the  considerations,  the 
fair  limitations,  and  compromises  involved  in  the  determination 
of  a  minimum  wage  for  the  employees  of  a  particular  industry, 
in  the  first  practical  application  of  the  Massachusetts  Minimum 
Wage  Law. 

The  Massachusetts  Minimum  Wage  Commission,  appointed 
July  1,  1913,  during  the  first  six  months  following  its  organiza- 
tion, completed  an  investigation  into  the  wages  of  women  in  the 
brush  and  corset  factories  of  the  Commonwealth.  In  December, 
1913,  a  wage  board  was  established  for  the  brush  making  indus- 
try. An  investigation  had  shown  that  brush  making  is  a  rela- 
tively small  industry,  employing  less  than  two  thousand  persons 
in  Massachusetts;  that  the  manufacturing  processes  are  largely 
manual,  machines  being  used  only  to  a  limited  extent ;  that  the 
industry  is  not  growing;  that  it  is  peculiarly  affected  by  com- 
petition ;  and  that  it  offers  serious  problems  because  of  its  seasonal 
character.  It  was  shown  that  most  of  the  employees  are  women 
earning  less  than  $6  a  week. 


830  Appendix  III 

In  attempting  to  fix  for  the  brush  industry  a  minimum  wage 
that  would  "  secure  to  the  worker  from  the  industry  a  living 
wage  at  the  lowest  level  of  decent  living,  and  to  set  that  mininnuu 
wage  in  a  manner  to  secure  to  the  industry  a  sure  return  in  work 
for  wages  paid  in  "  the  Wage  Board  enunciated  the  principle 
that  a  minimum  wage  could  be  so  framed  as  to  create  a  strong 
tendency  to  increase  the  efficiency  of  business  management;  in- 
crease the  efficiency  of  the  workers;  eliminate  irregularity  and  re- 
duce part  time  employment;  prevent  the  immediate  elimination 
of  any  considerable  number  of  employees  now  engaged  in  the 
industry ;  promote  better  organization  and  better  feeling  between 
the  employer  and  employed ;  prevent  industrial  disputes ;  and  in 
no  manner  injure  the  industry.  To  achieve  this  object  the  board 
attempted  to  devise  means  to  exert  pressure  upon  the  industry  to 
conserve  its  material  resources,  to  stimulate  higher  production, 
by  intelligent  planning,  by  supplying  adequate  machinery,  and 
by  educating  employees  to  higher  production  standards.  It  was 
believed  that  such  pressure  could  be  applied  by  holding  strictly 
to  a  time  rate  as  the  basis  for  all  wage  payments,  regardless  of 
the  performance  of  the  worker. 

It  was  agTeed  that  the  minimum  established  for  the  industry 
should  at  first  be  relatively  low,  and  reach  its  proper  level  through 
a  series  of  advances  according  to  the  ability  of  the  industry  to  ad- 
just itself  to  the  new  condition.  It  was  held  that  this  gradual  ad- 
justment should  permit  the  employer  to  analyze  the  cost  of  low 
production,  to  improve  his  own  organization,  to  determine  the  ca- 
pacity of  individual  workers,  stimulate  the  workers,  and  give  sub- 
standard workers  a  fair  opportunity  to  reach  the  minimum  stand- 
ard to  be  required.  The  establishment  of  a  minimum  wage  neces- 
sarily imposes  upon  an  industry  the  necessity  of  eliminating  the 
hopelessly  sub-standard.  Under  a  fixed  labor  cost  the  employer 
must  require  a  fixed  performance.  It  will  be  to  his  interest  to 
raise  the  workers  already  employed  to  the  standard  set  by  the  task, 
through  co-operative  use  with  the  femployee  of  all  the  factors  that 
m.ake  for  industrial  efficiency.  It  will  clearly  not  be  to  his  in- 
terest to  retain  the  sub-standard  unless  special  inducement  is  held 
out  to  him.  In  this  case  the  wage  board  held  that  permits  should 
be  granted,  within  the  discretion  of  the  Minimum  Wage  Com- 


Minimum  Wage  Symposium  831 

mission,  to  those  workeTiiii^  -able  to  meet  tho'»-ai?>v'  requirements, 
and  that  as  to  their  retention  in  the  industry,  judgment  should  be 
left  to  the  employer. 

Herein  lies  also  a  stimulus  toward  increased  ethcienej  of  the 
worker.  A  minimum  wage  imposed  through  a  series  of  gradual 
advances,  will  enable  the  management  gradually  to  organize  a 
stable  labor  force,  which  is  the  first  requirement  under  improved 
management.  In  organizing  this  force  the  employer  chooses  the 
best  workers  obtainable  for  the  wage  paid.  Other  things  being 
equal,  those  with  experience  will  be  preferred  to  those  without 
experience,  and  those  at  present  employed  will  be  given  every 
opportunity  to  improve.  Employees  will  know  that  the  employer 
can  and  will  discharge  low  performance,  high  cost  workers  who 
fail  to  improve,  and  they  will  recognize  that  their  responsibility 
is  fixed,  and  they  will  fulfill  it  except  where  fulfillment  is 
impossible. 

If  the  w^age  board  is  correct  in  its  premise  that  a  minimum 
wage  will  gradually  increase  efficiency  in  business  management, 
and  increase  the  efficiency  of  the  worker,  it  follows  that  the  first 
costly  evil  to  be  corrected,  so  far  as  correction  lies  within  the  power 
of  the  manufacturer,  is  irregularity  of  production  and  employ- 
ment. This  will  be  necessary  not  only  from  the  standpoint  of 
economy,  but  will  be  necessary  through  the  inability  of  the  in- 
dustry to  absorb,  for  a  few  weeks  in  rush  seasons,  a  force  com- 
petent to  turn  out  the  required  work,  largely  because  of  higher 
efficiency  required,  and  even  more  because  the  industry  will  no 
longer  be  half  supporting  a  group  of  wage  earners  ready  to  engage, 
at  any  moment,  for  short  periods  of  time.  The  tendency  would 
be  to  put  wage  earners  on  full  wage  or  none.  The  employer  pay- 
ing wages  for  time  occupied,  will  see  that  that  time  is  used  to  the 
highest  advantage.  He  will  try  to  prevent  delays  in  the  flow  of 
business  from  week  to  week,  and  from  month  to  month,  and  w411 
reduce  the  fluctuation  in  his  labor  force,  discharging  the  "  ir- 
regulars "  either  seasonal  or  voluntary.  The  beneficent  effect  upon 
the  employee  of  dicharge  under  these  conditions  was  not  lost  to 
the  board,  which  concluded  that  "  It  would  he  a  good  thing  for  the 
workers  so  laid  off  in  the  long  run.  They  will  look  for  employ- 
ment elsewhere,  and  that  would  be  better  than  to  be  dangled  along, 
half  employed  and  half  living,  and  so,  too  inert  to  venture  any- 


832  Appendix  III 

thing,  buoyed  n:ir*by  hope  of  full  tini^i^ooii  —  a  hope  that  often 
cannot  be  realized."  However,  it  was  assured  that  discharge 
would  not  suddenly  affect  any  large  number  of  employees,  and 
under  conditions  not  too  rigorous,  each  employee  would  be  given 
a  fair  trial  before  being  cast  aside.  J^o  less  important  than  these 
considerations  of  the  board  was  the  possible  attainment  through 
business  organization  and  through  the  improvement  of  the  living 
standards  of  the  workers,  of  a  better  understanding  between  em- 
ployer and  employee.  The  continuation  of  the  partial  supervision 
of  the  ^Minimum  Wage  Commission  over  wage  conditions  in  the 
industry,  will  not  only  serv'e  to  bring  employer  and  employee 
more  closely  together,  but  will  also  provide  a  medium  for  open 
discussion,  and  a  remedy  of  those  conditions  which  frequently 
give  rise  to  serious  industrial  disputes.  To  use  the  words  of  the 
board,  the  plan  of  gradual  wage  advancements  "  creates,  if  given 
time  to  produce  this  proper  effect,  its  own  source  of  wage  payment, 
partly  by  the  improA'ement  of  the  workers  on  their  side  when  better 
paid,  and  partly  by  the  improvement  of  methods  on  the  side  of 
the  employer  himelf."  This  policy  constitutes  a  denial  of  the 
social  advantage  of  acting  upon  the  economic  theory  that  all 
parasitic  industry  should  be  left  to  perish.  The  principle  ex- 
presses hope  that  wise  readjustment  will  gradually  change  the 
economic  status  of  such  industries,  and  enable  them  to  survive  as 
real  contributors  to  the  national  dividend. 

In  fixing  upon  an  hourly  time  rate,  the  board  was  not  forgetful 
of  its  obligation  to  provide  for  the  employee  not  only  a  living  wage, 
but  also  a  sufficient  period  of  work  expectation  to  insure  economi- 
cal planning  for  the  future.  ISTo  worker  can  arrange  his  life  satis- 
factorily without  assurance  of  work  and  wages  for  a  week.  What 
value  to  the  worker  can  obtain  in  a  minimum  wage  finding  which 
recites  only  a  minimum  hourly  rate?  Should  not  the  employee 
l>e  guaranteed  a  weekly  minimum  wage?  In  answering  this 
question,  the  board  was  compelled  to  consider  the  condition  of  the 
industry,  and  to  adjust  the  requirements  to  the  ability  of  the 
industry  to  meet  them.  A  minimum  wage  on  a  weekly  basis  is 
possible  only  in  industry  efiiciently  managed,  which  is  prepared 
to  offer  regular  emplo^Tnent  throughout  the  year.  Few  industries 
in  America  are  so  efficiently  managed.  In  American  factories 
an  hourly  rate  has  been  for  many  years,  and  is  now,  the  standard 


Minimum  Wage  Symposium  833 

time  basis  for  wage  payment.  No  wide  departure  from  this 
standard  can  be  made  until  industry  has  been  given  an  oppor- 
tunity to  consider  its  effect  and  made  the  necessary  readjust- 
ment. It  was  agreed  that  the  brush  making  industry  would  be 
peculiarly  unable  to  survive  under  a  weekly  minimum  wage. 
Small  in  size  and  yearly  growing  smaller,  unable  to  raise  itself 
above  the  level  fixed  by  competitive  conditions,  subject  to  long 
seasons  of  irregularity,  it  has  wisely,  or  unwisely,  attempted 
to  survive  with  low  efficiency  and  a  low  payroll.  Without 
means  for  the  immediate  remedy  of  these  conditions,  this 
industry  could  not  be  expected  to  adjust  itself  to  any  additional 
burden.  For  these  reasons,  the  board  advised  the  establishment 
of  such  an  hourly  rate  as  the  industry  could  safely  pay  at  once, 
though  that  wage  should  temporarily  remain  below  the  level  ulti- 
mately desired.  That  hourly  rate  was  fixed  at  fifteen  and  one-half 
cents,  to  be  increased  to  eighteen  cents  at  the  end  of  the  year, 
unless  it  could  be  shown  that  the  second  rate  was  excessive.  The 
second  rate  would  provide,  in  the  aggregate,  for  a  full  week's  em- 
ployment, a  wage  determined  by  the  wage  board  to  be  sufficient  to 
insure  decent  living.  The  rate  immediately  imposed  would  do 
less  than  that.  That  the  compromise  was  wise  cannot  be  doubted. 
The  brush  industry  is  rapidly  adjusting  itself  to  its  new  obligation, 
and  though  it  is  too  early  to  speak  safely  of  results,  it  is  evident 
that  the  investigation  of  the  industry,  and  the  establishment  of  a 
minimum  has  had  a  wholesome  and  uplifting  effect.  The  brush 
makers  have  entered  into  the  work  of  the  organization  in  a  com- 
mendable spirit,  and  it  is  in  no  small  degree  due  to  their  co- 
operation that  the  first  step  has  been  safely  taken  in  improving 
the  condition  of  the  workers. 


MINNESOTA. 
Statement  op  William  F.  Houk. 

Our  wage  orders  were  made  October  23  and  do  not  become  effec- 
tive till  November  23,  and  therefore  I  am  unable  to  enumerate 
at  this  time  the  difficulties  we  will  have  to  overcome  in  adminis- 
tering the  act. 

Vol.  1  —  27 


834:  Appendix  III 

There  will  be  difficulties,  and  many  of  them,  I  believe,  and  if 
it  is  possible  for  me  to  present  them  in  time  for  you  to  make 
use  of  them  I  shall  endeavor  to  do  so,  although  it  will  not  be 
possible  for  me  to  know  of  many  of  the  difficulties  before  the  fifth 
of  December. 

I  am  enclosing  herewith  orders  Nos.  1  and  4.  You  will  note 
that  these  orders  affect  women  and  minors  of  ordinary  abilit}^ 
only.  The  commission  did  not  fix  a  wage  for  learners  and  ap- 
prentices because  our  law  provides  that  they  shall  receive  a  liv- 
ing wage.  We  believe  the  next  legislature  should  so  amend  the 
law  that  a  wage  less  than  a  living  wage  can  be  fixed  for  appren- 
tices and  learners. 

One  difficulty  the  commission  will  encounter  in  enforcing  the 
orders  affecting  women  and  minors  of  ordinary  ability  is  in  de- 
termining which  women  possess  ordinary  ability  and  which  do 
not.  The  commission  not  only  has  not  fixed  a  wage  for  appren- 
tices but  has  left  the  question  of  determining  the  length  of  ap- 
prenticeship until  such  time  as  the  legislature  amends  the  law. 

The  commission  and  state  auditor  have  been  summoned  to 
appear  in  court  November  14  and  show  cause  why  an  injunction 
should  not  issue  restraining  them  from  expending  any  further 
money  out  of  the  public  treasury  in  payment  of  anything  done 
under  the  act.  It  is  possible  that  this  action  will  result  in  delay- 
ing the  enforcement  of  the  law. 

The  plaintiffs  allege  that  the  law  is  unconstitutional  upon  the 
following  grounds : 

"  1.  The  fixing  of  prices  of  labor  or  an^^  other  commodity 
on  the  market  for  sale,  is  not  within  the  constitutional  power 
of  the  state. 

"  2.  Said  act  is  an  unlawful  delegation  of  legislative 
power  to  the  Minimum  Wage  Commission,  and  is  void  for 
uncertainty. 

"  3.  Said  act  is  unconstitutional  in  classing  together,  in 
the  industrial  employments,  learners  and  experienced  work- 
ers, and  requiring  the  same  minimum  wage  for  both. 

"  4.  While  said  act  directly  affects  every  employer  of 
women  and  minors  in  the  State  by  giving  the  IMinimum 
Wage  Commission  power  to  arbitrarily  fix  such  minimum 


Minimum  Wage  Symposium  835 

wages,  it  fails  to  provide  for  notice  to  the  employers,  or  auy 
of  them,  so  affected,  and  does  not  afford  them  an  oppor- 
tunity to  be  heard  upon  the  question  of  such  minimum  wages, 
and  fails  to  provide  any  means  whereby  such  employer  can 
have  the  question  of  the  reasonableness  of  the  wage  he  is 
required  to  pay  reviewed  or  considered  by  any  court  or  tri- 
bunal having  the  constitutional  power  to  decide  questions  of 
fact,  and  thus  fails  to  afford  to  such  employers  due  process 
of  law,  as  required  by  the  State  Constitution  and  by  the  14tli 
Amendment  of  the  Federal  Constitution. 

"  5.  That  said  act  is  unconstitutional  under  both  the  State 
and  Federal  Constitution  because  it  impairs  the  right  of  the 
employer  and  the  employee  to  contract  on  the  subject  of 
wages. 

"  6.  Said  act  makes  an  unconstitutional  classification 
when  it  puts  all  adult  women,  and  all  minors,  whether  male 
or  female,  without  regard  to  age,  in  one  class,  and  requires 
the  fixing  of  the  same  minimum  wage  for  all. 

"  7.  Said  act  is  unconstitutional  in  that  it  unlawfully 
takes  the  private  property  of  the  class  of  employers  referred 
to,  for  the  private  use  of  the  employees  who  are  intended  to 
be  the  beneficiaries  of  the  act,  without  compensation. 

"  8.  By  singling  out  the  employers  of  women  and  minors 
for  this  arbitrary  treatment,  the  act  deprives  such  employers 
of  the  equal  protection  of  the  law." 

We  are  awaiting  the  decision  of  the  United  States  Supreme 
Court  on  the  Oregon  minimum  wage  law,  which  is  expected  within 
a  few  weeks.  I  am  of  the  opinion  that  action  taken  by  the  em- 
ployers is  for  the  purpose  of  delaying  matters  in  this  state  until 
the  Oregon  decision  is  rendered. 

Orders  Issued  hy  the  Minimum  Wage  Commission  of  the  State 

of  Minnesota 

October  23,  1914,     Effective,  l^ovember  23,  1914. 

Order  No.  1. 

'No  employer,  whether  an  individual,  a  partnership  or  a  cor- 
poration, shall  employ  any  woman  or  minor  of  ordinary  ability 


836  Appendix  III 

in  any  mercantile,  office,  waitress  or  hairdressing  occupation,  in 
any  city  of  the  first  class  in  the  State  of  Minnesota,  at  a  weekly 
wate  rate  of  less  than  nine  dollars  ($9.00). 

Order  No.  2. 

iN'o  employer,  whether  an  individual,  a  partnership  or  a  cor- 
poration, shall  employ  any  woman  or  minor  of  ordinary  ability 
in  any  mercantile,  office,  waitress  or  hairdressing  occupation,  in 
any  city  of  the  second,  third  and  fourth  class  in  the  State  of 
Minnesota,  at  a  weekly  wage  rate  of  less  than  eight  dollars  and 
fifty  cents  ($8.50). 

Order  No.  3. 

No  employer,  whether  an  individual,  a  partnership  or  a  cor- 
poration, shall  employ  any  woman  or  minor  of  ordinary  ability 
in  any  mercantile,  office,  waitress  or  hairdressing  occupation,  in 
the  State  of  Minnesota,  outside  of  cities  of  the  first,  second,  third 
and  fourth  classes  at  a  weekly  wage  rate  of  less  than  eight  dol- 
lars ($8.00). 

Odred  No.  4. 

No  employer,  whether  an  individual,  a  partnership  or  a  coi- 
poration,  shall  employ  any  woman  or  minor  of  ordinary  ability 
in  any  manufacturing,  mechanical,  telephone,  telegraph,  laundry, 
dyeing,  dry  cleaning,  lunch  room,  restaurant  or  hotel  occupation, 
in  any  city  of  the  first  class  in  the  State  of  Minnesota,  at  a  weekly 
wage  rate  of  less  than  eight  dollars  and  seventy-five  cents  ($8.75). 

Order  No.  5. 

No  employer,  whether  an  individual,  a  partnership  or  a  cor- 
poration, shall  employ  any  woman  or  minor  of  ordinary  ability 
in  any  manufacturing,  mechanical,  telephone,  telegraph,  laundry, 
dyeing,  dry  cleaning,  lunch  room,  restaurant  or  hotel  occupation, 
in  any  city  of  the  second,  third  and  fourth  class  in  the  State  of 
Minnesota,  at  a  weekly  wage  rate  of  less  than  eight  dollars  and 
twenty-five  cents  ($8.25). 


Minimum  Wage  Symposium  837 

Order  No.  6. 

iN'o  employer,  whether  an  individual,  a  partnership  or  a  cor- 
poration, shall  employ  any  woman  or  minor  of  ordinary  ability 
in  any  manufacturing,  mechanical,  telephone,  telegraph,  laundry, 
dyeing,  dry  cleaning,  lunch  room,  restaurant  or  hotel  occupation, 
in  the  State  of  Minnesota,  outside  of  cities  of  the  first,  second, 
third  and  fourth  classes,  at  a  weekly  wage  rate  of  less  than  eight 
dollars  ($8.00). 

These  orders  do  not  apply  to  learners  and  apprentices. 


OKEGON^ 

Statement  of  Edwin  V.  O'Hara 

The  Oregon  measure  was  passed  by  the  legislature  two  years  ago. 
The  Commission  was  appointed  and  began  its  work  early  in 
June,  1913,  Following  the  procedure  outlined  by  the  law,  the 
Commission  called  separate  conferences  to  recommend  minimum 
wages  in  the  mercantile  and  manufacturing  establishments,  for  of- 
fice help  in  Portland,  and  for  all  establishments  throughout  the 
State,  outside  of  Portland.  In  the  course  of  three  or  four  months 
the  conferences  reported  their  recommendations,  which  were  ac- 
cepted by  the  Commission,  and  by  December,  1913,  orders  had 
been  issued  fixing  minimum  wages  for  women  workers  in  most 
occupations  in  Oregon.  These  orders  have  been  in  effect  prac- 
tically a  year ;  and  while  it  is  premature  to  give  a  final  statement 
as  to  the  working  of  the  law,  there  are  certain  facts  which  are  well 
established.     They  are  as  follows: 

1.  Apart  from  certain  manufacturing  establishments  there  has 
meen  no  serious  objection  to  the  law  on  the  part  of  employers. 
On  the  contrary  there  has  been  a  general  expression  of  satisfac- 
tion. 

2.  The  law  has  resulted  in  a  notable  increase  of  wages  for  girls 
employed  in  mercantile  and  manufacturing  establishments. 

3.  The  practical  difiiculty  in  the  working  of  the  law  is  almost 
completely  centered  in  the  question  of  the  length  of  apprentice- 


840  Appendix  III 

The  wage  investigation  developed  the  fact  that  the  wage  rate 
most  generally  received  bj  experienced  women  in  the  different 
cccupations  was  approximately  $8  per  week.  It  was  shown  that 
55.6  per  cent,  of  mercantile  store  employees,  71.2  per  cent,  of 
factory  employes  and  72.4  per  cent,  of  laundry  employes  earned 
less  than  $10  per  week.  Of  the  total  number  of  women  employees 
in  factories  and  laundries,  39  per  cent  were  paid  less  than  $8  per 
week.  The  lowest  wage  recorded  was  $3  per  week,  not  including 
millinery  shops,  where  apprentices  were  in  many  instances  receiv- 
ing little  or  no  salary. 

Upon  the  result  of  these  investigations,  conferences  consisting 
of  three  employers,  three  employes  and  three  disinterested  persons 
representing  the  public,  were  called  by  the  Commission  for  each 
industry.  These  subordinate  wage  boards,  pursuant  to  law,  recom- 
mended to  the  Commission  for  its  adoption  or  rejection  an  amount 
considered  adequate  to  maintain  a  self-supporting  woman  in 
health  and  comfort. 

In  this  manner  legal  wage  rates  have  been  established  in  four 
of  the  leading  industries  of  the  State.  The  dates  upon  which 
they  became  effective  and  the  weekly  rates  are  as  follows :  June 
27,  1914,  mercantile  industry,  $10;  August  1,  1914,  manufactur- 
ing industry,  $8.90;  August  24,  1914,  laundry  industry,  $9; 
September  7,  1914,  telephone  industry,  $9. 

The  above  wage  rates  apply  to  experienced  women  over  the  age 
of  eighteen  years,  while  a  flat  wage  of  $6  per  week  has  been 
established  for  all  minors  under  eighteen  years  of  age,  employed 
in  the  different  industries  mentioned. 

The  Washington  law  makes  special  provision  for  the  inex- 
perienced worker  so  that  the  two  classes  of  workers,  experienced 
and  inexperienced,  may  be  handled  independently  of  each  other. 
The  results  thus  far  obtained  show  the  wisdom  of  this  course.  The 
section  of  the  law  covering  this  question  reads : 

"  For  any  occupation  in  which  a  minimum  rate  has  been 
established,  the  Commission  through  its  secretary  may  issue 
to  a  woman  physically  defective  or  crippled  by  age  or  other- 
wise, or  to  an  apprentice  in  such  class  of  employment  or  occu- 
pation as  usually  requires  to  be  learned  by  apprentices,  a 


Minimum  Wage  Symposium  841 

special  license  authorizing  the  employment  of  such  licensee 
for  a  wage  less  than  the  legal  minimum  wage ;  and  the  Com- 
mission shall  fix  the  minimum  wage  for  said  person,  sucli 
special  license  to  be  issued  only  in  such  cases  as  the  Commis- 
sion may  decide  the  same  is  applied  for  in  good  faith  and 
that  such  license  for  apprentices  shall  be  in  force  for  such 
length  of  time  as  the  said  Commission  shall  decide  and  de- 
termine is  proper." 

The  effectiveness  of  minimum  wage  legislation  is  largely  de- 
pendent on  the  manner  in  which  the  apprenticeship  question  is 
handled.  The  Washington  Commission  has  perhaps  pioneered  the 
way  in  this  regard  by  evolving  a  system  of  issuing  special  licenses 
to  learners,  a  plan  that  is  intended  to  safeguard  the  interests  of 
the  apprentice  as  well  as  the  skilled  worker  by  limiting  the  number 
of  learners  in  an  establishment,  by  regulating  the  period  of  in- 
denture and  by  specifying  the  wage  increases  at  stated  intervals 
within  that  period.  As  a  matter  of  fact  the  situation  is  fully  con- 
trolled by  the  Commission  in  such  a  manner  as  to  eliminate  the 
abuses  that  are  inherent  to  the  apprenticeship  question  and  which 
usually  result  in  weakening  the  whole  minimum  wage  structure. 

In  constructing  its  apprenticeship  policy  the  Commission  has 
taken  advantage  of  a  most  liberal  interpretation  of  that  section  of 
the  law  pertaining  to  the  issuance  of  licenses.  Of  the  hundreds 
of  various  occupations  in  the  different  industries  each  is  given 
individual  consideration  in  determining  the  period  of  indenture 
and  the  wage  that  the  apprentice  is  to  receive.  By  limiting  the 
number  of  apprentices  in  each  establishment  a  general  displace- 
ment of  skilled  workers  is  prevented.  For  instance,  apprentices 
in  mercantile  establishments  are  limited  to  seventeen  per  cent,  of 
the  total  number  of  females  employed  in  each  establishment. 

That  the  apprentice  may  be  paid  according  to  the  skill  that  she 
acquires  in  her  advancement  toward  the  minimum  wage,  the 
Commission  requires  in  the  terms  of  the  license  that  an  increase 
in  wages  must  be  given  at  stated  intervals.  These  increases  are 
computed  according  to  the  advancement  of  the  average  learner  in 
her  earning  capacity  and  are  based  on  investigations  into  the 


840  Appendix  III 

The  wage  investigation  developed  the  fact  that  the  wage  rate 
most  generally  received  by  experienced  women  in  the  different 
cccupations  was  approximately  $8  per  week.  It  was  shown  that 
55.6  per  cent,  of  mercantile  store  employees,  71.2  per  cent,  of 
factory  employes  and  72.4  per  cent,  of  laundry  employes  earned 
less  than  $10  per  week.  Of  the  total  number  of  women  employees 
in  factories  and  laundries,  39  per  cent  were  paid  less  than  $8  per 
week.  The  lowest  wage  recorded  was  $3  per  week,  not  including 
millinery  shops,  where  apprentices  were  in  many  instances  receiv- 
ing little  or  no  salary. 

Upon  the  result  of  these  investigations,  conferences  consisting 
of  three  employers,  three  employes  and  three  disinterested  persons 
representing  the  public,  were  called  by  the  Commission  for  each 
industry.  These  subordinate  wage  boards,  pursuant  to  law,  recom- 
mended to  the  Commission  for  its  adoption  or  rejection  an  amount 
considered  adequate  to  maintain  a  self-supporting  woman  in 
health  and  comfort. 

In  this  manner  legal  wage  rates  have  been  established  in  four 
of  the  leading  industries  of  the  State.  The  dates  upon  which 
they  became  effective  and  the  weekly  rates  are  as  follows:  June 
27,  1914,  mercantile  industry,  $10;  August  1,  1914,  manufactur- 
ing industry,  $8.90;  August  24,  1914,  laundry  industry,  $9; 
September  7,  1914,  telephone  industry,  $9. 

The  above  wage  rates  apply  to  experienced  women  over  the  age 
of  eighteen  years,  while  a  flat  wage  of  $6  per  week  has  been 
established  for  all  minors  under  eighteen  years  of  age,  employed 
in  the  different  industries  mentioned. 

The  Washington  law  makes  special  provision  for  the  inex- 
perienced worker  so  that  the  two  classes  of  workers,  experienced 
and  inexperienced,  may  be  handled  independently  of  each  other. 
The  results  thus  far  obtained  show  the  wisdom  of  this  course.  The 
section  of  the  law  covering  this  question  reads : 

"  For  any  occupation  in  which  a  minimum  rate  has  been 
established,  the  Commission  through  its  secretary  may  issue 
to  a  woman  physically  defective  or  crippled  by  age  or  other- 
wise, or  to  an  apprentice  in  such  class  of  emplo^^nnent  or  occu- 
pation as  usually  requires  to  be  learned  by  apprentices,  a 


Minimum  Wage  Symposium  841 

special  license  authorizing  the  employment  of  such  licensee 
for  a  wage  less  than  the  legal  minimum  wage ;  and  the  Com- 
mission shall  fix  the  minimum  wage  for  said  person,  sucii 
special  license  to  be  issued  only  in  such  cases  as  the  Commis- 
sion may  decide  the  same  is  applied  for  in  good  faith  and 
that  such  license  for  apprentices  shall  be  in  force  for  such 
length  of  time  as  the  said  Commission  shall  decide  and  de- 
termine is  proper." 

The  effectiveness  of  minimum  wage  legislation  is  largely  de- 
pendent on  the  manner  in  which  the  apprenticeship  question  is 
handled.  The  Washington  Commission  has  perhaps  pioneered  the 
way  in  this  regard  by  evolving  a  system  of  issuing  special  licenses 
to  learners,  a  plan  that  is  intended  to  safeguard  the  interests  of 
the  apprentice  as  well  as  the  skilled  worker  by  limiting  the  number 
of  learners  in  an  establishment,  by  regulating  the  period  of  in- 
denture and  by  specifying  the  wage  increases  at  stated  intervals 
within  that  period.  As  a  matter  of  fact  the  situation  is  fully  con- 
trolled by  the  Commission  in  such  a  manner  as  to  eliminate  the 
abuses  that  are  inherent  to  the  apprenticeship  question  and  which 
usually  result  in  weakening  the  whole  minimum  wage  structure. 

In  constructing  its  apprenticeship  policy  the  Commission  has 
taken  advantage  of  a  most  liberal  interpretation  of  that  section  of 
the  law  pertaining  to  the  issuance  of  licenses.  Of  the  hundreds 
of  various  occupations  in  the  different  industries  each  is  given 
individual  consideration  in  determining  the  period  of  indenture 
and  the  wage  that  the  apprentice  is  to  receive.  By  limiting  the 
number  of  apprentices  in  each  establishment  a  general  displace- 
ment of  skilled  workers  is  prevented.  For  instance,  apprentices 
in  mercantile  establishments  are  limited  to  seventeen  per  cent,  of 
the  total  number  of  females  employed  in  each  establishment. 

That  the  apprentice  may  be  paid  according  to  the  skill  that  she 
acquires  in  her  advancement  toward  the  minimum  wage,  the 
Commission  requires  in  the  terms  of  the  license  that  an  increase 
in  wages  must  be  given  at  stated  intervals.  These  increases  are 
computed  according  to  the  advancement  of  the  average  learner  in 
her  earning  capacity  and  are  based  on  investigations  into  the 


842  Appendix  III 

particular  occupation  to  which,  the  license  applies.  The  piece 
work  system  has  afforded  a  prax?tical  basis  upon  which  to  make 
these  adjustments.  The  degree  of  skill  required  in  each  particular 
occupation  is  also  a  governing  factor  in  fixing  the  period  of  inden- 
ture, this  from  the  fact  that  the  established  minimum  wage  is  not 
intended  to  represent  the  maximum  earning  power  of  a  skilled 
worker.  Therefore,  it  must  not  be  presumed  that  the  period  of 
indenture  allowed  is  intended  to  be  the  full  term  of  apprenticeship, 
but  rather  to  be  that  period  of  time  necessary  to  reach  the  point 
of  earning  the  minimum  wage. 

The  gradual  increase  in  wages  as  the  apprenticeship  proceeds 
is  designed  to  protect  the  apprentice  from  being  discharged  when 
her  term  of  indenture  terminates,  at  which  time  she  graduates  into 
the  minimum  wage  class  of  workers,  and  this  method  offers  no 
injustice  to  her  employer  as  the  adjustment  is  regulated  according 
to  her  earning  ability.  These  periods  of  ad\  ancement  in  wages 
vary  according  to  occupation,  and  are  divided  into  two,  three  or 
four  periods  as  conditions  justify.  For  instance,  in  an  occupa- 
tion where  nine  months'  apprenticeship  is  allowed,  the  beginner 
receives  $6  per  week  for  the  first  three  months,  and  an  increase 
of  sixty  cents  per  week  at  the  beginning  of  each  successive  two 
months'  period  until  she  receives  $7.80  for  the  last  two  months 
prior  to  entering  the  minimum  wage  class  at  $9  per  week. 

The  apprenticeship  question,  having  been  brought  to  light 
through  the  minimum  wage,  has  precipitated  a  discussion  of  its 
problems  among  the  educators  of  the  State,  which  has  already 
crystallized  into  a  concerted  movement  to  have  the  question 
brought  before  the  coming  Legislature  with  a  view  of  establish- 
ing a  system  of  vocational  training  in  the  publis  schools  which 
when  achieved  may  serve  to  shorten  apprenticeship  periods  as  now 
established. 

One  resultant  feature  of  the  Minimum  Wage  Law  as  noted 
since  it  became  effective  in  Washington,  is  that  it  has  had  a 
marked  tendency  toward  raising  the  standard  of  efficiency.  This 
is  perhaps  best  illustrated  by  a  letter  received  from  a  prominent 
garment  manufacturer  in  Seattle  who  operates  his  factory  entirely 
on  the  piece  work  plan.     This  manufacturer  was  considerably  ad- 


Minimum  Wage  Symposium  843 

verse  to  minimiun  wage  legislation  prior  to  its  enactment.  His 
letter  indicates  his  approval  of  the  law  after  a  fair  trial  and  reflects 
the  general  sentiment  among  that  class  of  employers  who  realize 
and  observe  the  rights  and  interests  of  their  employees.  In  part 
he  has  this  to  say : 

"  Personally,  I  find  that  my  business  has  been  benefited, 
as  the  necessity  for  greater  discipline  and  a  more  rigid  en- 
forcement of  regular  hours  of  work  has  become  fully  apparent. 
We  have  raised  our  average  weekly  payroll,  I  think  I  am  safe 
in  saying,  at  least  $1  per  girl  if  not  more.  Some  of  our 
help,  to  be  sure,  have  always  done  their  best  and  have  shown 
but  little  change,  but  those  who  were  satisfied  with  less,  the 
minimum  wage  has  benefited,  as  they  saw  they  must  earn 
more  or  quit. 

"  I  am  writing  you  this  personal  letter  about  my  personal 
experience  in  an  individual  case.  It  has  been  a  benefit  in 
this  factory  in  raising  the  standard  of  efiiciency  and  in  forc- 
ing a  closer  application  to  duty  on  the  part  of  the  operator 
and  necessarily  has  been  a  benefit  to  the  employer.  I  am  not 
in  a  position  to  speak  for  other  factories  and  industries,  but, 
aside  from  some  hardship  that  the  law  may  work  on  the  less 
competent,  I  cannot  see  why  it  will  not  give  a  greater 
efficiency  to  our  factory  forces." 

The  above  expression  of  satisfaction  does  by  no  means  indicate 
that  the  working  girls  as  a  whole  have  not  been  likewise  benefited, 
for  it  is  apparent,  after  due  investigation,  that  each  worker  is  now 
leceiving  more  nearly  the  full  amount  of  her  earning  ability. 
This  applies  principally  to  establishments  where  employers  sought 
to  reap  large  profits  by  taking  advantage  of  an  overcrowded  labor 
market,  without  considering  the  justice  of  a  living  wage. 

The  minimum  wage  has  demonstrated  that  employers,  when 
forced  to  pay  a  living  wage,  insist  on  securing  the  most  efficient 
help  obtainable.  This  is  amply  illustrated  by  the  fact  that  less 
than  eight  per  cent,  of  the  total  number  of  females  now  employed 
are  licensed  apprentices,  which  no  doubt  is  largely  due  to  strict 
regulation  by  the  Commission.     A  survey  now  being  made  to 


844  Appendix  III 

determine  the  effects  of  the  operation  of  the  Minimum  Wage 
Law  indicates  that  there  has  been  no  tendency  of  the  minimum 
becoming  the  maximum.  But  few  instances  are  noted  where 
highly  paid  workers  have  had  their  wages  reduced,  in  fact  the 
cases  are  so  few  that  they  have  no  bearing  on  the  situation.  On 
the  other  hand  a  considerable  number  of  workers  have  received 
a  substantial  increase  in  many  instances  of  from  three  to  four 
dollars  per  week.  The  results  of  this  survey  will  be  published 
shortly. 

That  to  some  extent  the  sub-average  workers  have  been  displaced 
cannot  be  denied,  yet  the  number  so  affected  does  not  nearly  ap- 
proach the  number  of  those  that  have  received  an  increase  in  wages 
through  the  operation  of  the  law. 

The  administration  of  the  law  has  been  successfully  accom- 
plished without  any  serious  difl&culties.  The  employers  of  the 
State  generally  have  manifested  a  desire  to  conform  to  the  rulings 
of  the  Commission,  and  wherever  violations  have  occurred,  they 
have  been  largely  due  to  ignorance  of  the  provisions  of  the  law 
and  have  been  readily  adjusted  without  recourse  to  legal  procedure. 


WISCONSIN 

Statement  of  C.  H.  Ceownhart 
The  Legislature  of  1913  passed  a  minimum  wage  act  for  Wis- 
consin. The  administration  of  this  act  was  placed  with  the  In- 
dustrial Commission.  It  provided  in  the  act  that  after  July  1, 
1914,  upon  a  petition  stating  jurisdictional  facts,  the  Commission 
shall  appoint  an  advisory  wage  board  and  proceed  to  a  deter- 
mination as  to  a  living  wage.  In  September,  1914,  such  petition 
M'as  filed  from  the  county  of  Milwaukee,  applying  to  several  in- 
dustries there.  The  Commission  has  taken  steps  towards  the 
appointment  of  an  advisory  wage  board.  Such  appointment  will 
be  made  within  a  few  days.  This  board  will  then  consider  the 
matter  of  living  wages  for  all  women  and  children  in  the  county 
of  Milwaukee,  and  report  its  findings  to  the  Industrial  Commia- 
sion,  when  a  minimum  wage  will  be  established  for  that  county. 


Minimum  Wage  Symposium  845 

As  soon  as  the  minimum  wage  is  established  for  Milwaukee  county, 
it  is  the  intention  of  the  Commission  to  establish  a  minimum 
wage  for  the  balance  of  the  State. 

Since  the  passage  of  the  act,  the  Industrial  Commission  has 
made  a  somewhat  extensive  investigation  of  wages  and  labor  con- 
ditions as  to  women  and  children  in  the  State  of  Wisconsin,  and 
this  data  will  be  placed  before  the  minimum  wage  board  of  Mil- 
waukee, and  will  be  considered  by  that  board.  It  is  probable 
that  a  minimum  wage  will  not  be  established  before  January  1st, 
next 


4.  INDUSTRIAL  EDUCATION  AND  WAGES 

In  November,  1914,  the  Commission  sent  letters  of  inquiry  to 
a  selected  list  of  employers  and  educators,  on  the  relation  of  in- 
dustrial training  to  wages.  Replies  were  received  from  the  follow- 
ing: 

William  C.  Ash,  Principal,  Philadelphia  Trades  School, 

Philadelphia,  Pa. 
W.  H.  Belcher,  Vice-President  and  General  Manager, 

The  Walter  M.  Lowney  Co.,  Boston,  Mass. 
Meyer  Bloomfield,  Director,  Vocation  Bureau,  Boston, 

Mass. 
James  E.  Dougan,  Principal,  Boys'   Industrial  School, 

Newark,  IST.  J. 
Joseph   J.    Eaton,   Principal,    Saunders   Trade   School, 

Yonkers,  K  Y. 
A.  Caswell  Ellis,  Director,  Department  of  Extension, 

University  of  Texas,  Austin,  Tex. 
Alfred    P.     Fletcher,     Assistant    Superintendent    of 

Schools,  Rochester,  N.  Y. 
Frederick    A.    Geier,    President,    Cincinnati    Milling 

Machine  Co. 
Lewis  Gustafson,  Superintendent,  David  Ranken,  Jr., 

School  of  Mechanical  Trades,  St.  Louis,  Mo. 
F.  C.  Henderschott,  Secretary,  National  Association  of 

Corporation  Schools,  New  York  City. 
Ernest  M.  Hopkins^  Curtis  Publishing  Co.,  Philadelphia, 

Pa. 
W.  B.  Hunter,  Director,  Industrial  Department,  High 

School,  Fitchburg,  Mass. 
Pliny  A.  Johnson,  Principal,  Woodward  High  School, 

Cincinnati,  Ohio. 
Millard  B.  King,  Expert  in  Industrial  Education,  State 

Education  Department,  Harrisburgh,  Pa. 

1846] 


Memoranda  on  Industrial  Education  847 

Paul  Kreuzpointner,  Cliairman,  Committee  on  Indus- 
trial Education,  American  Foundrymen's  Association, 
Altoona,  Pa. 

John  A.  Lapp,  Director,  Bureau  of  Legislative  Informa- 
tion, Indianapolis,  Ind. 

James  P.  Munroe,  President,  Munroe  Felt  and  Paper  Co., 
Boston,  Mass. 

H.  B.  R.  ScHEEL,  Brighton  Mills,  Passaic,  iST.  J. 

Albert  Shiels,  Director,  Division  of  Reference  and  Re- 
search, Board  of  Education,  New  York  City. 

J.  G.  Spofford,  Principal,  Quincy  Industrial  School, 
Quincy,  Mass. 

Mary  Schenk  Woolman,  President,  Women's  Educa- 
tional and  Industrial  Union,  Boston,  Mass. 


848  Appendix  III 

Statement  of  William  C.  Ash 

In  Philadelphia  we  have  not  been  able  to  make  any  arrangement 
with  unions  concerning  the  work  of  the  trades  schools.  We  have, 
however,  organized  continuation  classes  in  printing  and  sheet  metal 
work  —  which  organization  has  resulted  in  the  development  of 
formal  apprenticeship  agreements  between  the  employers  and  the 
apprentices  in  these  trades.  I  enclose  a  copy  of  the  sheet  metal 
workers'  agreement  from  which  you  can  get  the  wage  rate. 

I  feel  very  strongly  that  as  the  proper  methods  of  teaching  are 
developed  and  the  work  of  vocational  schools  is  brought  up  to  a 
certain  degree  of  efficiency  the  employers  and  the  unions  should 
make  formal  recognition  of  the  time  and  effort  to  learn  tlie  trade, 
spent  by  apprentices  outside  of  shop.  This  duty  on  the  part  of 
the  employers  and  the  unions  is  especially  evident  in  cases  where 
the  school  work  is  done  in  the  evenings.  For  instance,  we  have 
in  the  Philadelphia  Trades  School  400  plumbers'  apprentices  who 
attend  the  evening  schools  three  nights  a  week  for  six  months  in 
the  year.  Certainly  some  substantial  recognition  should  be  made 
for  these  young  men  who  are  willing  to  make  so  much  sacrifice. 

Of  course,  in  considering  the  possibility  of  shortening  the  time 
we  are  face  to  face  with  the  proposition  of  sending  forth  a  ju- 
venile as  a  journeyman  mechanic  and,  as  the  tradition  of  ages  has 
fixed  21  as  the  age  of  beginning  for  a  journeyman's  career,  it 
seems  that  at  this  time  some  other  form  of  recognition  would  have 
to  be  made.  When  action  is  taken  on  this  matter  I  suppose  that 
a  wage  increase,  which  will  be  equivalent  to  a  modified  joumey- 
manship,  will  be  the  form  of  the  reward. 


Statement  of  Wu  H.  Belcher 

We  have  had  for  some  years,  what  we  call  a  school  for  chocolate 
dipping,  which  is  a  room  set  apart  and  properly  fitted  up  for  the 
purpose  of  teaching  girls  how  to  dip  chocolates  —  this  being,  with 
us,  largely  a  hand  proposition.  This  school  has  been  in  opera- 
tion only  certain  months  of  the  year,  say  from  July  1st  to  the  end 
of  the  year.  At  the  present  time  conditions  are  such  that  we  have 
a  large  force  and  are  not  now  operating  the  school. 


;  Memoranda  on  Industrial  Education  849 

This  chocolate  dipping  school  is  the  only  sort  of  vocational 
training  which  we  do  systematically  —  other  training  in  our  bon- 
bon, chocolate  and  paper  box  factories  being  done  in  the  various 
workrooms.  The  whole  point  of  the  separate  school  for  chocolate 
dipping  is  that  individual  attention  may  be  paid  to  girls  and 
proper  instruction  given,  so  that  when  they  go  into  the  workrooms 
they  may  not  need  as  much  supervision  as  if  they  went  there 
totally  inexperienced.  Again,  it  affords  us  an  opportunity,  by 
careful  supervision,  to  determine  whether  girls  are  actually 
adapted  for  hand  work,  before  they  get  into  the  workrooms.  Many 
of  our  girls  are  on  piece  work,  and  systematic  training 
affords  them  an  opportunity  of  starting  out  with  better  wages,  and 
offers  also  the  opportunity  of  more  rapid  advancement.  In  our 
industry,  a  girl  who  does  hand  dipping  is  really  an  expense  for 
some  time,  unless  very  carefully  instructed,  because  she  not  only 
takes  the  time  of  supervisors,  but  wastes  material.  We  pay  for 
the  time  of  the  girls  in  the  instruction  room. 

As  a  matter  of  outside  interest,  we  allow  two  classes  of  girls  to 
go  twice  each  week  to  a  household  arts  continuation  school,  at  the 
North  Bennett  Street  Industrial  School,  near  our  factory,  paying 
the  girls  for  the  time  they  are  in  attendance  at  the  school. 


Statement  of  Meyer  Bloomfield 

There  is  so  little  material  of  a  comprehensive  character  on  the 
question  of  the  relation  of  industrial  education  to  wages,  that  we 
are  forced,  for  the  present,  to  fall  back  on  common  observation, 
and  the  testimony  of  reliable  witnesses,  for  support  of  the  conten- 
tion that  wages  and  improvement  in  industrial  quality  are  inter- 
related. 

To  be  sure,  we  have  the  convincing  annual  reports  of  such  in- 
stitutions as  the  Williamson  School,  the  Hebrew  Technical  Insti- 
tute (whose  annual  record  of  its  graduates'  earnings  is  most  illu- 
minating), the  Beverly  Industrial  School,  and  scores  of  others 
which  provide  vocational  training.  Moreover,  we  have  the  data 
furnished  by  such  important  private  enterprises  as  the  Schmidlapp 
Fund  of  Cincinnati  and  the  Vocational  Scholarship  Fund  of  the 


850  Appendix  III 

Henry  Street  Settlement  to  show  that  industrial  training  with  a 
definite  group  of  children  positively  lifts  these  children  above  the 
wage  levels  of  untrained  children.  In  the  apprenticeship  courses 
of  various  large  industrial  establishments  we  have  again  conclu- 
sive evidence  as  to  the  effect  of  training  on  earning  capacity. 

It  is  sometimes  intimated  that  testimony  from  such  enterprises 
is  based  on  the  records  of  necessarily  selected  groups,  and  there- 
fore cannot  be  considered  final.  If  we  had  a  universal  scheme  of 
industrial  training  we  should  indeed  be  in  a  better  position  to 
argue  the  case.  N^evertheless  there  is  sufiicient  experience  and  a 
reliable  mass  of  observed  cases  to  furnish  a  basis  of  comparison  be- 
tween groups  of  workers  who  have  entered  upon  wage-earning  with 
some  preliminary  training  and  those  without  such  training. 

If  we  look  upon  earnings  from  the  viewpoint  of  steady  income 
we  find  still  further  support  in  favor  of  the  economic  value  of 
industrial  training.  Apart  from  financial  crises  and  depressions 
which  no  training  can  possibly  affect,  as  the  causes  lie  outside  the 
scope  of  educational  forces,  it  is  well  known  that  the  trained 
worker  is  better  off  as  to  regularity  of  employment,  adjustability 
to  new  demands,  and  the  possibility  of  making  headway,  than  the 
untrained  worker. 

From  the  viewpoint  of  the  State,  the  nature  of  the  industries 
which  any  community  can  carry  on,  whether  those  industries  are 
to  be  high-grade  products  paying  high  wages,  or  low-grade  prod- 
ucts demanding  cheaply  paid  labor,  depends  largely  on  the  in- 
dustrial quality,  the  intelligence,  health,  and  equipment  of  the 
workers. 

In  brief,  then,  industrial  training  brings  earning  opportunities 
to  those  who  have  it,  not  possible  to  those  without  it ;  such  training 
helps  toward  steady  earnings,  regularity  of  employment,  and  to  a 
progressive  career ;  and  above  all  else  it  materially  determines  the 
type  of  productive  enterprise  which  a  community  may  engage  in. 

In  addition  to  the  economic  aspects  of  industrial  training  are 
fundamental  social  and  civic  considerations  which  in  themselves 
justify  the  thought  and  expense  involved  in  sound  schemes  for 
helping  the  present  and  the  future  workers  to  make  good  in  the 
work  that  society  needs. 


Memoranda  on  Industrial  Education  851 

Statement  of  James  E.  Dougan 
I  have  your  letter  regarding  the  study  of  wages.    At  present  we 
have  no  binding  agreement  with  any  employers  or  labor  unions  as 
to  what  wage  our  graduates  should  be  paid  nor  as  to  what  time,  if 
any,  should  be  deducted  from  their  apprenticeship. 

I  have  been  working  on  this  phase  of  our  school  work  for  some 
time  but  it  seems  to  be  a  difficult  problem  to  solve.  The  fact  that 
the  boys  are  so  different  mentally  and  physically  seems  to  make 
employers  hesitate  to  make  any  agreement  concerning  them  all. 
They  would  rather  judge  each  individual  case  on  its  own  merits. 
I  have  personal  knowledge  of  cases  where  graduates  of  this 
school  have  started  work  at  the  trades  as  high  as  $12  weekly,  but 
there  is  no  agreement  with  this  firm  to  that  effect.  I  think  that 
we  can  properly  say  that  graduates  of  this  school  start  to  work  at 
a  wage  increased  from  two  to  six  dollars  over  those  not  so  trained. 


Statement  of  Joseph  J.  Eaton 

There  is  no  doubt  whatsoever  in  my  mind  that  boys  who  secure 
the  proper  shop  instruction,  together  with  practice  in  the  use  of 
tools  and  machinery  (and  having  all  this  supplemented  by  corre- 
lated work  in  academic  subjects),  as  a  rule,  are  better  equipped 
to  undertake  real  work  in  the  shop  and  factory.  Of  course,  it  is 
understood  that  the  boy  has  to  select  the  kind  of  shop  work,  in  the 
school,  which  he  most  desires,  and  that  he  is  not  handicapped  at 
the  beginning  by  mental  or  physical  inferiority.  Above  state- 
ments are  based  upon  actual  observation  of  boys  who  were  trained 
for  the  textile  industry,  for  carpentry  work,  and  for  machine  work, 
and  cover  an  experience  in  industrial  school  work  for  a  period  of 
seventeen  years.  The  Saunders  Trade  School  has  been  established 
but  three  years,  thus  giving  us  but  little  opportunity  to  verify  the 
above  observations  which  were  made  elsewhere.  However,  fully  YO 
per  cent  of  our  graduates  are  at  work  in  the  trades  for  which  they 
were  prepared,  and  I  have  yet  to  hear  of  any  complaint  being  made 
from  any  employer  regarding  any  boy  whom  we  have  recom- 
mended.   On  the  contrary,  in  many  cases,  we  have  been  informed 


852  Appendix  III 

that  the  boy's  work  has  been  entirely  satisfactory.  We  are  highly 
desirous  of  receiving  the  approval  of  the  union  Avorkers  in  the 
various  trades.  At  the  present  time,  the  electrical  workers'  union 
has  incorporated  a  clause  in  their  apprenticeship  agreement 
whereby  apprentices  are  granted  credit  for  their  work  in  this 
school  on  the  basis  of  one  year's  advancement  for  each  two  years 
spent  here.  Furthermore,  the  same  union  requires  that  all  ap- 
prentices must  attend  the  Saunders  Evening  Trades  School. 


Statement  of  A.  Caswell  Ellis 

My  views  on  the  relationship  of  industrial  training  to  wages 
would  cover  a  great  many  pages,  and  have  been  embodied  in  a 
bulletin  of  the  National  Bureau  of  Education  which  will  be 
printed  sometime  between  now  and  January.  I  would  suggest 
that  you  keep  a  lookout  for  this  bulletin,  and  if  you  have  any 
difficulty  in  securing  it,  let  me  hear  from  you.  The  matter  is  too 
lengthy  to  discuss  in  a  letter.  If  after  reading  this  you  think  I 
could  be  of  any  further  service  to  you,  I  should  be  glad  to  do  so. 


Statement  of  Alfred  P.  Fletcheb 

The  following  circulars  will  explain  the  definite  arrangements 
that  we  have  in  two  trades  with  regard  to  the  boys  who  have  been 
trained  in  our  Shop  School.  The  printing  agreement  fails  to  state 
that  the  boys  on  completing  two  years  of  outside  work  receive  their 
journeymen  papers  and  are  admitted  to  the  union. 

These  are  the  only  absolutely  definite  agreements  that  we  have 
at  the  present  time.  In  some  of  the  other  trades  graduates  of  the 
school  are  given  a  higher  wage  than  they  would  otherwise  receive 
but  as  yet  this  has  not  been  formally  agreed  to. 

The  enclosed  agreement  with  the  painters  and  decorators  is  now 
in  the  "  works."  An  agreement  with  them  will  probably  be  con- 
summated within  the  next  few  weeks. 


Memoranda  on  Industrial  Education  853 

I.  Agreement  Between  the  Rochester  Typothetae  and  the  Roch- 
ester Shop  School 

The  term  of  apprenticeship  in  the  printing  trade  shall  be  four 
years,  three  months  of  which  shall  consist  of  a  preliminary  or 
"  try  out "  course  at  the  Rochester  Shop  School.  During  this  pre- 
liminaiy  course  the  fitness  of  the  pupil  for  the  printing  trade 
shall  be  determined. 

Upon  completing  this  preliminary  course,  the  pupil  may  enter 
the  employment  of  some  printing  plant  as  an  apprentice,  the 
Typothetae  agreeing  to  provide  places  for  a  certain  number  of 
pupils  each  year.  The  apprentice  shall  alternate  weekly  between 
the  shop  school  and  said  printing  plant,  and  is  to  receive  from  the 
employer  a  weekly  wage  of  $4  for  the  balance  of  the  first  six 
months  —  $4.50  for  the  second  six  months — $5  for  the  third  six 
months,  and  $5.50  for  the  fourth  six  months.  The  employer  is  to 
pay  wages  for  the  school  time  as  well  as  for  shop  time. 

After  this  period,  having  faithfully  performed  his  duties,  he 
may  devote  the  remainder  of  his  apprenticeship  entirely  to  the 
sliop,  and  for  which  he  shall  receive  $9  per  week  for  the  first  six 
months,  $10  per  week  for  the  second  six  months,  $11  per  week  for 
the  third  six  months,  and  $12  per  week  for  the  fourth  six  months, 
during  which  time,  however,  he  shall  be  considered  under  the 
supervision  of  the  shop  school,  and  upon  completion  of  the  school 
term  and  apprenticeship,  having  passed  all  the  examinations 
and  being  graduated  from  the  shop  school,  he  shall  receive  from 
the  employer  as  a  gratuitous  bonus,  in  addition  to  his  salary  and 
not  as  any  part  thereof,  the  sum  of  $100. 

II.  Painters'  Agreement 
(June  19,  1914.) 
I.  The  shop  school  shall  give  to  boys  who  are  not  less  than  six- 
teen years  old  and  who  have  completed  at  least  the  seventh 
grade,  or  preferably  to  boys  who  have  completed  the  work  of  the 
elementary  schools,  a  general  industrial  or  "  try-out "  course  of 
such  length  as  the  school  authorities  may  deem  necessary,  and 
shall  select  those  who  have  an  aptitude  for  and  an  ambition 
toward  the  trade  of  painting. 


854  Appendix  III 

II.  The  shop  school  shall  give  boys  thus  selected  a  preparatory 
course  of  approximately  two  years,  one-half  of  each  day  being 
spent  in  shop  practice  and  the  other  half  in  the  study  of  shop 
mathematics,  mechanical  drawing,  applied  science,  industrial  his- 
tory, civics  and  English. 

III.  Upon  the  satisfactory  completion  of  this  course  the  print- 
ing employers  of  Rochester  shall  employ  these  boys  in  such  num- 
bers as  trade  conditions  or  shop  managament  shall  warrant,  at  the 
following  scale  of  wages:  $7  per  week  for  the  first  year;  $10  per 
week  for  the  second  year;  $13  per  week  for  the  third  year. 

IV.  During  the  three  years'  apprenticeship  the  employer 
shall  allow  the  boy,  during  working  hours,  an  amount  of  time  off 
equivalent  to  oncrhalf  day  each  week  for  continuing  his  studies, 
such  time  to  be  taken  when  manufacturing  conditions  will  best 
permit. 

V.  The  first  three  months  of  employment  as  provided  in 
articles  III  and  IV  shall  be  considered  a  probationary  period  and 
the  diploma  of  the  school  shall  not  be  awarded  until  the  satis- 
factory completion  of  this  probationary  period. 

VI.  The  members  of  the  Master  Painters'  and  Decorators'  As- 
sociation of  Rochester  shall  select  a  committee  of  three  of  their 
number  who  shall,  first,  inspect  frequently  the  work  of  the  shop 
school  and  offer  criticisms  and  suggestions  for  the  improvement 
of  the  work;  second,  suggest  tests  that  shall  measure  the  pupils' 
progress  in  manipulative  skill  and  technical  knowledge;  third, 
suggest  tests  that  shall  measure  the  qualifications  of  the  boys  for 
graduation. 

///.  Letters  from  Rochester  Manufacturers  to  the  Rochester  De- 
partment of  Public  Instruction 

M.  D.  Knowlton  Co.,  Paper  Box  Machinery 

We  are  interested  in  your  proposition  to  train  boys  for  the 
machinist's  trade  and  if  business  conditions  are  normal,  we  shall 
be  able,  in  1916,  to  take  four  boys  as  apprentices.  These  boys 
will  be  employed  at  the  following  wage  scale:  $8  for  the  first  six 
months;  $9  for  the  second  six  months;  $10  for  the  third  six 
months,  $11  for  the  fourth  six  months,  with  a  bonus  of  $100  to 
the  boys  who  complete  two  years'  work  with  us.     During  these 


Memoranda  on  Industrial  Education  855 

two  years  we  are  willing  to  try  out  the  "  half  time "  plan  pro- 
vided the  time  unit  of  employment  can  be  three  months. 

It  is  understood  that  the  $100  bonus  is  only  for  young  men 
that  complete  the  course  of  four  years  as  outlined  by  the  school 
board,  viz.,  two  years  at  the  technical  school  and  two  years  in  the 
shop. 

Gleason  Works,  Gears  and  Gear  Cutting  Machinery 
We  are  interested  in  your  proposition  to  train  boys  for  the 
machinist  trade,  and  if  business  conditions  are  normal,  in  1916, 
we  would  take  two  boys  for  a  two-year  apprenticeship  and  pay 
them  the  prevailing  wage  scale  for  apprentices  at  that  time  and  a 
bonus  of  $100  to  the  boys  who  complete  two  years'  work  with  us. 
During  this  period  we  would  be  willing  to  allow  the  boys  the 
equivalent  of  one-half  day  off  weekly  to  continue  their  work  in 
the  Rochester  Shop  School  and  will  pay  them  for  this  time. 

American  Wood  Working  Machinery  Co 

Replying  to  your  favor  of  February  28,  with  reference  to  the 
machine  department  of  the  Rochester  Shop  School,  would  say 
that  we  are  interested  and  want  to  give  this  movement  all  the  en- 
couragement possible. 

We  shall  be  able,  in  1916,  to  take  two  boys  as  apprentices,  they 
having  completed  a  two  years'  course  in  the  machine  department 
of  the  Rochester  Shop  School. 

These  boys  will  be  employed  by  us  at  the  following  wage  scale : 
$8  for  the  first  six  months;  $9  for  the  second  six  months;  $10  for 
the  third  six  months;  $11  for  the  fourth  six  months. 

We  would  be  willing  to  allow  the  boys  the  equivalent  of  one- 
half  day  off  weekly  to  continue  their  work,  if  the  proper  interest 
is  shown. 

Eastman  Kodak  Co.,  Photographic  Supplies. 
We  are  interested  in  your  proposition  to  train  boys  for  the 
machinist's  trade  and  if  business  conditions  are  normal,  we  shall 
be  able,  in  1916,  to  take  two  boys,  eighteen  years  old,  as  appren- 
tices, after  having  completed  a  two  years'  course  in  the  machine 
department  at  the  Rochester  IShop  School.     These  boys  will  be 


856  Appendix  III 

employed  by  us  at  the  following  wage  scale:  $8  for  the  first  six 
months;  $9  for  the  second  six  months;  $10  for  the  third  six 
months;  $11  for  the  fourth  six  months,  with  a  bonus  of  $100  to 
the  boy  who  completes  two  years'  work  with  us. 

We  would  be  willing  to  allow  the  boy  the  equivalent  of  one-half 
day  off  weekly  to  continue  his  work  in  the  shop  school  and  would 
pay  him  for  this  time. 


Statement  of  Frederick  A.  Geier 

It  is  somewhat  difficult  to  make  a  definite  statement  on  the 
relationship  between  industrial  training  and  wages.  I  might  say, 
however,  that  greater  industrial  intelligence  is  being  demanded  to 
meet  the  more  intensive  competition  and  also  the  demands  that 
are  coming  through  social  legislation  for  shorter  hours,  compulsory 
compensation,  etc.,  and  with  this  demand  for  greater  efficiency, 
wages  are  gradually  going  higher. 

I  believe  that  through  industrial  education  we  can  in  time  so 
improve  the  quality  and  efficiency  of  labor  as  will  bring  about  that 
intelligent  co-operation  which  will  permit  the  employer  to  pay 
higher  wages  and  at  the  same  time  enable  him  to  hold  the  cost  of 
his  product  down  to  where  it  should  be. 


Statement  of  Lewis  Gustafson 
There  seems  to  be  a  tendency  on  the  part  of  the  Carpenters' 
Union  to  require  one  year  of  practice  from  our  graduates  before 
giving  them  a  journeyman's  card.  I  have  been  told  that  one  or- 
ganization of  painters  will  give  them  a  card  on  fulfilling  the  same 
requirements.  Our  course  of  study  is  two  years;  the  apprentice- 
ship is  four;  so  that  we  may  say  where  this  prevails  two  years  in 
the  school  is  equivalent  to  three  years  in  the  trade.  There  has  been 
no  definite  arrangement,  however.  A  number  of  boys  have  joined 
the  unions  in  other  trades,  but  they  have  done  so  by  finding  work 
where  they  could  get  it  and  then  proving  themselves  equal  to 
journeymen.  In  most  cases  this  has  taken  several  months.  We 
have  no  positive  data  on  the  subject. 


Memoeanda  on  Industrial  Education  857 

The  requirement  of  one  year  seems  to  us  very  just.  Regardless 
of  the  thoroughness  with  which  boys  in  a  school  may  be  trained, 
a  year  of  supplementary  experience  under  the  various  conditions 
arising  in  the  commercial  world  seems  highly  desirable. 

The  following  is  a  form  of  contract  to  be  entered  into  between 
the  employer,  apprentice  and  the  Master  Tin  and  Sheet  Metal 
Workers  Association  of  Philadelphia  as  sponsor  for  the  boy. 

Contract 

This  agreement,  made  this  day  of  ,19         ,  be- 

tween of  the  city  of  Philadelphia,  to  be  known  as 

the  party  of  the  first  part,  and  parent  or  guardian  of 

of  said  city,  to  be  known  as  party  of  second 
part,  and  the  Master  Tin  and  Sheet  Metal  Workers  Association 
of  said  city,  hereinafter  called  the  party  of  the  third  part. 

Witnesseth  whereas,  The  said  is  serving  an  appren- 

ticeship of  four  years  with  the  said  party  of  the  first  part,  at  a 
stipulated  rate  of  wages  herein  agreed  upon. 

And  whereas.  It  is  recognized  as  advantageous  to  both  parties 
that  the  said  apprentice  should  continue  with  and  faithfully 
serve  the  said  parties  of  the  first  part  during  the  term  of  said 
apprenticeship  which  will  expire  provided  he  has  no 

lost  time  to  make  up. 

ISTow  this  agreement  witnesseth.  That  the  said  appren- 

tice as  aforesaid  does  hereby  agree  with  said  parties  of  the  first 
and  third  part  that  shall  in  all  respects  faithfully 

serve  the  said  and  to  the  best  of  his  knowledge, 

perform  such  work  and  duties  as  he  may  be  directed  to  perform 
for  the  said  for  the  entire  term  of  said  appren- 

ticeship of  four  years. 

In  consideration  whereof,  The  said  does  hereby  agree 

to  pay  into  the  treasury  of  party  of  the  third  part  (the  Master 
Tin  and  Sheet  Metal  Workers  Association),  the  sum  of  $1 
per  week,  for  each  week  the  said  apprentice  shall  have  worked, 
from  the  date  of  this  contract,  until  the  end  of  such  term ;  out  of 
which  and  at  the  end  of  such  term  the  party  of  third  part  will 
pay  said  party  of  first  part  the  sum  of  $200. 

Provided,  And  it  is  expressly  understood  and  agreed,  that 
should  the  said  apprentice  be  discharged  at  any  time  for  failure 


858  Appendix  III 

to  obey  the  directions  of  the  said  or  its  proper 

agents  and  managers,  or  should  he  fail  to  faithfully 

serv^e  the  said  during  the  entire  period  agreed  upon, 

of  his  apprenticeship  that  then  and  in  either  case  he  shall  not  be 
entitled  to  receive  any  portion  of  said  fund  and  the  agreement 
shall  in  such  event,  become  null  and  void,  and  in  no  case  shall  the 
premium  hereby  agreed  to  be  paid,  be  considered  as  wages,  but 
merely  as  a  reward  fund  for  satisfactory  and  intelligent  service 
for  a  period  of  four  years. 

Provided  further.  That  the  said  apprentice  shall  attend  school 
one  full  day  per  week  and  be  subject,  while  there,  to  the  same 
conditions  as  though  such  attendance  were  necessary  to  enable  him 
to  learn  the  trade,  providing  furnish  him  free  tuition. 

It  is  understood  and  agreed  that  all  necessary  instruments  and 
supplies  required  in  prosecuting  his  studies  will  be  furnished  by 
apprentice  at  his  cost  and  expense. 

Provided  further,  In  the  event  of  desiring  to  discon- 

tinue the  business,  or  the  services  of  the  party  of  the  second  part 
because  of  lack  of  business,  or  financial  difficulties,  it  is  mutually 
agreed  by  all  three  parties  that  party  of  second  part  may  be 
transferred  by  the  party  of  the  third  part  to  another  employer 
who  is  a  member  of  the  association  of  the  third  part,  at  the  first 
opportunity,  and  this  agreement  remains  in  force  by  its  accept- 
ance and  signing  by  the  new  employer,  whereby  party  of  second 
part  shall  be  given  credit  for  full  time  of  meritorious  service 
previously  served  under  this  contract. 

Provided  further.  In  the  event  of  party  of  second  part  being 
disabled  or  becoming  physically  unable  to  perform  such  duties 
demanded  by  the  trade,  it  is  mutually  agreed  by  all  three  parties, 
that  the  agreement  shall  be  discontinued  by  the  said  association, 
paying  the  said  apprentice  a  sum  equal  to  one  dollar  per  week  for 
the  number  of  weeks  said  apprentice  has  served,  from  date  of  this 
contract. 

And  whereas,  It  is  recognized  and  agreed  that  it  is  mutually 
advantageous  to  the  parties  of  the  first,  second  and  third  part 
that  the  party  of  the  second  part  attend  regularly  the  school  pro- 
vided and  designated  by  the  parties  of  the  first  and  third  part. 

Be  it  understood  and  agreed,  That  party  of  third  part,  shall 
name  a  day  of  the  week,  on  which  day  party  of  first  part  will 


Memokanda  on  Ikdusteial  Education  859 

order  the  party  of  second  part  to  attend  the  full  session  of  school 
from  nine  to  twelve  o'clock  and  twelve-thirty  to  tliree^thirty 
o'clock  that  day;  for  which  party  of  second  part  will  receive  a 
full  day's  pay;  provided  further,  if  party  of  second  part  shall 
absent  himself  any  fraction  of  the  session,  he  shall  receive  pay 
only  for  as  many  hours  or  fraction,  as  he  is  present,  and  should 
he  miss  two  sessions  without  just  and  sufficient  reason,  the  party 
of  third  part  shall  investigate  the  cause  and  shall  recommend 
suitable  penalty,  according  to  circumstances,  to  which  all  parties 
herein  mentioned  agree  to,  forthwith. 

It  is  further  agreed.  That  the  party  of  the  first  part  will  pay 
the  party  of  the  second  part  according  to  the  following  rate,  dur- 
ing the  three  months'  probation  period  and  for  and  including  the 
first  eighteen  months  of  this  contract. 

Probation  period  (three  months) $5  00  per  week 

First  six  months  of  contract 5  00  per  week 

Second  six  months  of  contract 5  50  per  week 

Third  six  months  of  contract 6  00  per  week 

and  from  the  end  of  the  first  eighteen  months  to  and  including 
each  additional  six  months  period  until  the  expiration  of  this 
contract,  a  sum  not  less  than  fifty  cents  shall  be  added,  at  the  ex- 
piration of  each  six  months'  period. 

In  witness  whereof,  The  said  parties  hereto  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered  in  the  presence  of 

(seal). 

Witness , 


Parent  or  Guardian 
of 


Witness . 

Witness , 


Employer . 


Master  Tin  and  Sheet  Metal  Workers 
Association  of  Philadelphia. 


President. 

(Seal)      , 

Secretary. 


860  Appendix  III 

Statement  of  F.  C.  Henderschott 

Your  first  question  —  enacting  minimum  wage  legislation.  I 
have  given  much  study  to  this  subject  but  I  have  not  reached  a 
definite  conclusion.  I  am  of  the  opinion  that  minimum  wage 
has  but  little  to  do  with  many  of  the  evils  attributed  to  it  At 
one  time  there  was  a  strong  sentiment  that  morality  among  women 
was  affected  by  the  wages  which  they  received.  This  sentiment 
I  think  happily  has  disappeared.  So  many  things  enter  into  the 
earning  capacity  of  the  individual  that  I  have  not  yet  been  able 
to  bring  myself  to  the  conclusion  that  legislation  will  remedy 
the  evils  which  we  find  in  low  wages.  I  believe  the  subject 
should  be  approached  from  another  direction.  I  think  there  is 
no  argument  against  the  contention  that  the  well  trained  boy  or 
girl  has  a  greater  earning  capacity  than  the  untrained  or  unskilled 
worker.  I  do  not  wish  to  go  on  record  as  opposed  to  the  increase 
of  earning  capacity  of  the  unskilled  worker  but  I  am  not  yet  con- 
vinced that  legislation,  especially  in  the  form  of  a  law  establish- 
ing a  minimum  wage,  will  correct  this  condition.  The  law  ^f 
supply  and  demand  cannot  be  successfully  succeeded  by  a  mini- 
mum wage. 

Your  second  question  —  relationship  between  industrial  train- 
ing and  wages.  This  question,  to  by  mind,  goes  straight  to  the 
heart  of  the  subject  you  are  considering.  According  to  statistics 
obtained  from  the  report  of  the  Government's  Bureau  of  Educa- 
tion for  1912  (the  latest  government  statistics  available)  only 
about  4  per  cent  of  the  adult  male  population  of  the  United 
States  has  had  high  school  education,  and  only  about  2  per  cent, 
has  had  academic  training.  ITot  all  of  these  small  percentages 
are  graduates  either  of  the  high  school  or  the  colleges  or  universi- 
ties. 

Turning  to  "  Who's  Who  in  America  "  we  find,  upon  making  a 
compilation,  that  about  85  per  cent,  of  those  recorded  in  this 
book  received  a  high  school  education  and  nearly  66  per  cent,  had 
academic  training. 

Turning  now  to  the  situation  in  our  public  schools  in  "New 
York  City,  last  year  there  were  661,000  pupils  enrolled  (ex- 
clusive of  the  parochial  schools)  but  only  4,0 Y 9  graduated  from 
the  high  schools.     Many  cf  the  scholars  did  not  go  beyond  the 


Memoranda  on  Industrial  Education  861 

fifth  grade,  many  more  reached  only  the  sixth  grade  and  l^s  than 
half  of  the  total  enrollment  will  graduate  from  the  grammar 
schools.  Less  than  16  per  cent,  of  the  total  enrollment  will  enter 
the  high  schools.  The  situation  in  New  York  is  not  unusual,  on 
the  contrary,  it  is  fairly  representative  of  the  conditions  found  in 
the  average  American  city.  These  figures  bring  out  clearly  the 
mortality  in  education  in  our  school  system.  The  children  who 
drop  out  mostly  around  the  fifth  and  sixth  grades  go  into  in- 
dustry. It  is  this  class  that  the  minimum  wage  is  designed  to 
help.  You  cannot  fix  an  arbitrary  scale  of  wages  without  regard 
to  earning  capacity  and  successfully  maintain  the  scale.  What  is 
needed  is  more  training  for  this  great  majority  of  American  boys 
and  girls  who  leave  school  from  various  causes  but  who  must  earn 
a  living.  The  trained  man  or  the  trained  woman  surely  has  a 
greater  earning  capacity  than  the  untrained  and  unskilled.  It 
is  my  judgment,  at  this  time,  although  I  do  not  claim  to  have 
solved  this  great  problem,  that  effort  directed  toward  greater 
efiiciency,  greater  earning  capacity,  through  proper  industrial 
education,  will  prove  the  most  effective  basis  for  increasing  the 
earning  capacity  of  that  unfortunate  class  who  would  be  affected 
by  a  minimum  wage  scale  in  industry. 


Statement  of  Ernest  M.  Hopkins 
One  relationship  between  industrial  training  and  wages  may  be 
stated  very  simply.  A  large  proportion  of  the  industries  of  the 
country  need  and  are  constantly  seeking  for  workers  capable  of 
development,  and  are  willing  to  pay  an  increased  wage  when  such 
capacity  shall  be  shown.  The  supply  to  satisfy  this  demand  is 
altogether  insufiicient,  the  largest  responsibility  for  this  fact  be- 
ing undoubtedly  due  to  the  inadequacies  of  our  past  educational 
methods. 

Little  criticism  can  be  offered  in  regard  to  what  the  public 
schools  have  done  toward  giving  children  the  tools  of  learning. 
When  they  have  done  this,  however,  and  have  come  to  the  point 
where  they  should  direct  the  use  of  these  tools  —  where  they 
should  apply  knowledge  of    reading,    writing    and    elementary 


362  Appendix  III 

figuring  —  they  have  been  able  to  deal  with  the  problem  far  less 
effectively  than  in  the  more  elementary  work.  This  has  resulted 
in  a  special  detriment  to  the  State,  since  citizenship  and  industry 
have  suffered  jointly  from  the  inadequacy  of  the  educational 
method. 

The  host  of  low  paid  workers  in  so  many  industries  is  due,  I 
believe,  to  the  fact  that  a  large  majority  of  these  are  not  com- 
petent for  positions  paying  a  higher  wage,  while  a  small  minority 
are  withheld  from  higher  wages  through  having  become  enmeshed 
in  the  disqualifications  of  the  majority.  ISTot  only  this,  but 
flexibility  and  adaptability  to  environment  are  so  lacking  that 
it  is  impossible  to  utilize  the  great  majority  of  workers,  with 
success,  on  anything  except  that  for  which  they  have  received 
their  specialized  experience. 

The  solution  of  the  problem  is  not,  to  my  mind,  so  much  in 
attempting  to  cure  the  evils  which  exist  as  it  is  in  taking  measures 
which  shall  preclude  the  continuance  of  these  evils.  The  first 
essential  is  to  afford  such  training  to  the  youth  of  the  iState,  dur- 
ing their  school  years,  as  shall  give  background,  breadth  and 
capacity  to  those  who  are  going  into  industry  and  who  would, 
otherwise,  be  unguided  and  untrained. 

It  is  going  to  be  more  and  more  necessary  for  the  citizenship  of 
the  States  that  these  commonwealths  interest  themselves  in  the 
problem  of  the  low-paid  worker.  The  minimum  wage,  at  the 
most,  will  only  accomplish  greater  refinements  in  measuring 
efficiency  of  workers,  and  consequently  will  segregate  the  com- 
paratively incompetent  in  the  group  of  the  unemployed.  Herein 
they  are  sure,  in  one  way  or  another,  to  become  a  liability  to  the 
State.  Industrial  education,  on  the  contrary,  if  rightly  applied, 
will  tend  to  breed  competency  and  adaptability,  which  will 
justify  and  can  command  higher  wages. 

Many  kinds  of  industrial  education  have  already  been  tried  out 
within  the  United  States,  and  the  results  by  which  the  different 
systems  ean  be  judged  are  beginning  to  be  available.  Much  has 
been  done,  I  believe,  which  has  been  good,  without  being  of  the 
greatest  benefit.  The  night  school  is  a  makeshift,  helpful  to 
some,  but  imposing  an  undue  burden  upon  the  health  and  vigor 
of  the  many,  while  incapable  of  reaching  the  great  majority. 


Memoraistda  on  Industrial  Education  863 

Certain  types  of  trade  schools,  likewise,  seem  to  me  to  ignore  the 
advantage  which  comes  from  training  which  breeds  adaptability 
in  the  workers.  From  such  studies  as  I  have  been  able  to  make, 
I  believe  very  strongly  that  continuation  and  part-time  schools, 
especially  if  combined  with  vocational  guidance,  afford  the  best 
devised  industrial  education.  Under  such  a  system,  a  State  can 
save  a  large  part  of  the  economic  value  now  lost  through  the  in- 
competency of  the  worker  or  mal-adjustment  of  his  talents  to  the 
industrial  problem. 


Statement  of  W.  B.  Hunteb 

The  gi'aduates  of  the  Cooperative  Courses  of  Fitchburg  fit  right 
into  the  industries  and  are  accepted  by  the  manufacturers  as  jour- 
neymen upon  the  completion  of  the  course  of  four  years  in  the 
high  school  and  three  years  of  alternate  shop  and  school  consisting 
of  twenty  weeks  school  and  thirty  weeks  shop  yearly.  The  shop 
period  is  4,950  hours,  1,650  hours  each  year.  The  wages  are  ten 
cents  per  hour  the  first  year,  eleven  cents  per  hour  the  second  year, 
and  twelve  and  one-half  cents  per  hour  the  third  year.  Wages 
paid  on  completion  of  apprenticeship  vary  in  different  shops  and 
on  different  kinds  of  work  according  to  the  ability  of  the  boy, 
some  receiving  $2.25  per  day,  some  $2.50  per  day  and  others 
$2.75.  Some  on  piece  work  have  received  as  high  as  $30  per 
week,  a  year  after  graduation,  and  in  general  tlie  wages  of  these 
apprentices  increase  more  rapidly  than  the  old  time  apprentice, 
a  year  or  so  after  they  become  steady  shop  workers  because  they 
have  the  ability  to  read  blue  prints  and  figure  the  shop  examples 
which  the  bettor  class  of  work  requires.  I  am  constantly  receiving 
notice  of  this  as  I  go  about  the  shops  and  converse  with  foremen 
and  regular  journeymen,  and  the  fact  that  some  of  tlie  workmen- 
come  to  our  night  class  shows  that  they  recognize  the  value  of  the 
instruction  given  in  the  course. 

There  should  be,  in  my  judgment,  a  certain  standard  of  mental 
and  manual  dexterity  in  each  line  of  work,  commensurate  with 
the  wage  paid,  and  conversely,  the  wage  paid  should  be  commen- 
surate with  the  mental  and  manual  dexterity,  for  labor  and  wages 
are  so  closely  related  that  they  should  be  reciprocal.     The  best 


864  Appendix  III 

method  to  obtain  these  is  the  industrial  school  which  looks  not 
merely  to  manual  skill  but  to  mental  training  which  shows  the 
workman  his  duties  and  privileges  as  a  citizen  and  social  unit  in 
the  community  as  well  as  giving  him  particular  and  specific 
training  pertaining  to  his  trade. 

JSTow  if  the  state  is  to  regulate  the  wages  of  every  workman  it 
must  be  fully  informed  as  to  the  necessary  qualifications  of  each 
worker  in  the  thousand  and  one  trades  and  subdivisions  of  trades, 
an  enormous  task.  Highly  specialized  trades  may  be  more  easily 
cataloged  than  more  diversified  ones,  and  while  large  corporations 
may  be  able  to  pay  high  wages,  a  small  concern  may  be  driven  out 
of  business  if  compelled  to  pay  this  same  wage.  The  workman  on 
his  side  would  have  to  be  examined  to  see  if  he  came  up  to  the 
standard,  and  whereas  many  men  by  reason  of  many  years  of 
practice  are  doing  work  in  a  highly  satisfactory  manner  with 
seemingly  few  qualifications  for  the  job,  another  who  appeared  to 
be  excellently  fitted  for  the  work  would  fail  completely  to  fill  the 
bill.  It  must  be  apparent  that  some  things  besides  mere  examina- 
tion are  necessary  to  determine  who  is  fit  and  who  unfit.  It  is  a 
lamentable  fact  that  the  machinist  and  allied  trades  which  demand 
the  highest  type  of  worker  receive  much  less  compensation  propor- 
tionately than  some  of  the  less  skilled  trades.  If  a  State  board 
could  level  up  such  differences  it  would  undoubtedly  mean  an  in- 
crease in  the  cost  of  many  articles  to  the  consumer. 

As  a  man  who  has  worked  at  a  trade  myself  and  had  to  attend 
night  school  to  get  much  of  my  education,  I  commend  any  and  all 
efforts  to  give  the  worker  opportunities  for  getting  the  kind  of 
education  that  he  needs  to  put  the  dollars  in  his  pocket,  and  I 
also  recognize  the  intense  need  of  better  educated  workers  to  en- 
able our  manufacturers  to  produce  the  quality  work  that  the  sturdy 
Kew  England  character  of  the  past  generation  turned  out,  and 
which  is  too  often  missing  in  this  day. 

To  close :  I  believe  that  a  better  worker  with  more  mental  and 
manual  dexterity,  obtained  through  real  industrial  education  will 
command  better  wages,  and  will  be  paid  better  wages,  because  he 
produces  the  goods,  and  a  State  investigation  that  recognizes  these 
facts  will  be  beneficial  to  both  state,  worker  and  employer. 


Memoranda  on  Industrial  Education  865 

The  Fitchhwg  Plan  of  Cooperative  Industrial  Education 

Organized  August  1,  1908 

The  Cooperative  Door 

The  Cooperative  Industrial  Course  of  the  Fitchburg  High 
School,  patterned  after  the  idea  of  Dean  Schneider  of  the  Univer- 
sity of  Cincinnati,  was  organized  August  1,  1908,  at  the  initiative 
of  Mr.  Daniel  Simonds,  late  president  of  the  Simonds  Manufactur- 
ing Company,  and  provides  an  opportunity  for  learning  a  trade 
and  obtaining  an  education  at  the  same  time.  This  is  accomplished 
by  spending  alternate  weeks  in  the  shops  of  the  city  and  the  high 
school  as  an  apprentice  in  the  following  trades : 

Machinist,  patternmaking,  sawmaking,  drafting,  iron  molding, 
tinsmithing,  piping,  printing,  textile  and  office  work 

The  course  is  of  four  years  duration,  the  same  as  the  regular 
high  school  course.  The  first  year  is  spent  wholly  in  school,  and 
the  next  three  alternate  weekly  between  shop  and  school.  A  trial 
period  of  two  months,  beginning  at  the  end  of  the  first  school 
year,  is  given  each  candidate  to  see  if  he  is  adapted  to  the  particu- 
lar trade  he  elects,  and  his  parents  sign  an  agreement  whereby  the 
apprentice  agrees  to  complete  the  full  course,  and  the  manufac- 
turer, on  his  part,  agrees  to  teach  him  the  rudiments  of  the  trade 
as  designated  in  this  agreement. 

Allotment  to  the  various  shops  is  made  in  June  by  the  director 
of  the  course,  and,  as  far  as  possible,  the  desires  of  the  boy  as  to 
the  shop  he  prefers  are  met. 

Wages  are  paid  for  shop  work  at  the  following  rates:  First 
year,  ten  cents  an  hour;  second  year,  eleven  cents  an  hour;  third 
year  twelve  and  one-half  cents  an  hour ;  making  a  total  of  approxi- 
mately $550  for  the  three  years  of  shop  work. 

The  first  class  graduated  in  June,  1911.  Of  this  class,  four  are 
attending  the  Cooperative  Courses  of  the  University  of  Cincinnati, 
continuing  their  studies  for  engineers  or  teachers.  The  majority 
of  the  class  is  working  at  their  respective  trades  at  wages  ranging 
from  $2.50  to  $3.50  per  day.  One  of  the  first  year's  graduates  is 
getting  $25  per  week,  and  another  $40  per  week.  Ninety  per  cent, 
of  the  graduates  are  working  at  the  trades  they  learned  while 
Vol.  1  —  28 


S66  Appendix  III 

taking  the  course.  Members  of  the  course  who  are  now  alternat- 
ing between  shop  and  school  are  earning  over  $15,000  per  year. 

The  studies  are  along  such  lines  as  will  better  fit  them  to  prac- 
tice their  trades  as  skilled  workmen  and  thinking  mechanics,  and 
are  actually  correlated  to  the  trade.  English  is  taught  in  a  vital 
manner,  so  that  the  boj  can  tell  about  his  work  in  clear  language 
and  write  descriptions  of  it  that  can  be  understood.  A  weekly 
written  and  oral  report  of  his  shop  work  is  required,  to  be  filed  for 
reference  as  to  his  progress  in  his  shop  work.  His  reading  is 
directed  along  such  lines  as  will  acquaint  him  with  the  history  of 
industry,  the  progress  of  trade  and  invention  which  has  made  this 
manufacturing  age  the  greatest  epoch  in  the  world's  history.  He 
does  not  ignore  the  classics,  however,  for  he  has  an  sesthetic  nature 
that  requires  cultivation  as  well  as  the  professional  student. 

Freehand  and  mechanical  drawing  are  essentials  to  progress  in 
the  trades,  and  are  an  equipment  that  enables  him  to  read  blue- 
prints and  proceed  with  his  work  on  his  own  initiative. 

Physics  teaches  him  to  understand  the  laws  underlying  all 
mechanics. 

Chemistr)'  acquaints  him  with  the  nature  and  structure  of 
materials. 

Shop  mathematics  train  him  in  the  problems  that  arise  in  daily 
shop  work. 

Civics  teaches  him  the  duty  of  citizenship. 

Mechanism  of  machines  teaches  him  the  principles  and  methods 
of  manufacture  and  operation  of  shop  tools,  and  commercial 
geography  and  business  methods  to  understand  the  common  laws 
of  business. 

Economics  deals  with  problems  of  industry  and  "  Social  Serv- 
ice "  and  broadens  his  understanding  of  the  problems  of  the  day. 

The  course  is  now  on  its  sixth  year,  having  graduated  three 
classes,  numbering  fifty  pupils. 

The  Fitchburg  plan  contemplates  taking  care  of  any  trade  or 
vocation  that  the  community  offers  for  boys  or  girls  to  work  at.  It 
is  planned  to  take  up  the  building  trades,  agriculture  and  women's 
occupations  just  as  soon  as  the  demand  for  them  is  made. 

The  social  side  is  fostered  by  the  Fitchburg  Industrial  Society, 
to  which  any  member  of  the  course  above  the  freshman  class  is 


Memoranda  on  Industrial  Edtjcation  867 

eligible.  Monthly  meetings  are  held,  at  which  talks  on  subjects  of 
interest  and  profit  are  given.  The  course  also  publishes  "  Coopera- 
tion," in  which  items  of  interest  to  the  school  and  shop  are 
chronicled. 

This,  then,  is  the  "  Fitchburg  Plan  "  of  industrial  education, 
the  first  public  school  idea  in  the  country  to  really  care  for  the 
needs  of  the  mechanic  and  furnish  him  with  such  an  equipment 
that  on  gi'aducation  from  the  high  school  he  is  a  breadwinner, 
with  a  place  in  the  ranks  of  the  world's  busy  workers. 


Statement  of  Pliny  A.  Johnston 

The  industrial  students  of  this  school  are  not  apprenticed  to  the 
shops  for  we  feel  that  this  would  shut  the  door  against  any  chance 
to  make  a  necessary  change  of  occupation. 

Our  pupils  are  paid  on  an  average  of  eleven  cents  per  hour. 
You  will  understand  that  the  industrial  pupils  cooperate  with  the 
shops  on  the  outside  only  in  the  third  and  fourth  years. 


Statement  of  Millaed  B.  King 

That  there  is  a  definite  relationship  existing  between  industrial 
training  and  wage  is  very  clearly  shown  by  the  study  of  the  re- 
turns from  many  of  the  technical,  trade  and  apprentice  schools 
which  are  in  existence.  A  study  of  these  returns  shows  that  there 
is  a  definite  increase  from  year  to  year  in  the  wages  of  the  trained 
worker.  On  the  other  hand,  a  study  of  the  wages  of  the  workers 
who  have  not  been  trained  for  the  industries,  shows  that  their 
wages  increase  little,  if  any,  and  that  the  wages  are  less  than  those 
of  the  skilled  workers. 

While  it  is  undoubtedly  true  that  industrial  training  will  not 
make  yearly  jobs  out  of  seasonal  jobs,  nevertheless  the  training 
received  in  industrial  schools  will  fit  the  worker  so  that  he  may 
adapt  himself  more  readily  to  occupations  which  are  not  seasonal, 
or,  at  least,  to  those  that  offer  a  higher  remuneration  than  the  one 
in  which  he  is  now  employed. 


808  Appendix  III 

Industrial  training  will  make  it  possible  for  the  boys  and  girls 
to  wbom  the  doors  of  skilled  industries  are  now  closed  to  enter 
those  industries  on  a  better  footing  and  gradually  increase  their 
earning  capacity.  The  more  intelligent  the  worker,  the  less  the 
scrap  heap.  While  the  wages  of  the  intelligent  workmen  may  not 
be  increased  a  great  deal  in  the  immediate  future,  a  continual  re- 
duction of  the  scrap  heap  is  bound  to  react  favorably  upon  those 
who  bring  about  this  saving. 

While  interviewing  a  number  of  presidents  of  large  corpora- 
tions and  superintendents  of  various  plants,  the  statement  has 
frequently  been  received  that  all  workmen  who  attend  the  ap- 
prentice and  evening  schools  are  advanced  more  rapidly  than  those 
who  did  not  avail  themselves  of  the  educational  opportunities 
afforded. 

As  the  Pennsylvania  State  system  of  industrial  training  was 
inaugurated  in  August,  1913,  there  has  been  little  time  to  observe 
lu:  effect  upon  wages.  However,  a  number  of  instances  come  to 
mind  in  which  the  increase  of  wage,  also  the  advancement  to  a 
higher  position  with  the  accompanying  increase  in  wage,  have  been 
due  to  the  training  received  in  industrial  schools. 

In  the  city  of  York,  before  the  continuation  school  started, 
the  apprentices  received  six  cents  per  hour.  After  the  industrial 
school  was  started  and  its  effects  were  felt  by  the  industries,  the 
apprentices'  wages  were  increased  to  seven  cents  per  hour  for  the 
first  period,  eight  cents  for  the  second  and  so  on  gradually,  until 
fifteen  cents  an  hour  was  reached  for  the  sixth  or  last  period  of 
time.  This  increase  applied  not  only  to  the  boys  who  were  attend- 
ing the  continuation  school,  but  it  reacted  favorably  upon  all  of 
the  other  apprentices  who  did  not  attend  the  school. 

Again,  the  conditions  existing  in  the  mining  industry  may  be 
cited,  as  mining  is  one  of  Pennsylvana's  chief  industries.  A  mine 
worker  is  not  eligible  to  the  position  of  mine  foreman,  assistant 
mine  foreman  or  fire  boss,  without  a  certificate  being  granted  by 
the  mine  examining  board.  The  positions  of  mine  foreman, 
assistant  mine  foreman  or  fire  boss  are  very  desirable  ones,  in  that 
they  offer  nearly  steady  employment  throughout  the  year,  while 
the  men  working  in  the  mines  may  work  two,  three  or  four  days  a 
week,  depending  upon  the  demand  of  the  trade. 


Memoranda  on  Industrial  Education  869 

In  order  to  secure  a  certificate,  a  mine  worker  must  pass  an 
examination  on  subjects  relating  to  mining,  such  as  gases,  ventila- 
tion, etc.  To  pass  this  examination,  it  is  necessary  that  a  man 
receive  some  training  in  these  particular  subjects.  The  reports  of 
the  examining  board  from  two  districts  of  the  anthracite  field 
show  that  while  the  examinations  were  harder  the  past  year  than 
previous  years,  the  results  were  more  satisfactory  than  ever.  The 
majority  of  the  sucessful  candidates  for  certificates  were  students 
in  the  industrial  schools  of  the  State,  while  those  who  did  not 
attend  the  industrial  schools  had  taken  correspondence  school 
courses. 

While  two  cases  only  have  been  cited  in  detail,  a  similar  rela- 
tionship betwen  industrial  training  and  wages  exists  in  a  number 
of  other  industries. 

From  my  observation  of  the  wage  condition  before  and  after 
the  introduction  of  industrial  training  courses,  due  weight  being 
given  to  the  other  factors  which  influence  wages,  I  would  make 
the  positive  statement  that  the  wages  of  the  individuals  who  have 
received  industrial  training  will  increase  more  rapidly  and  reach 
a  higher  point  than  the  wages  of  those  who  have  not  received  this 
training,  provided  that  industrial  training  courses  are  so  planned 
as  to  meet  the  needs,  not  only  of  those  already  employed  in  the 
industry,  but  those  who  will  eventually  become  workers  in  the 
industry. 


Statement  of  Paul  Kreuzpointner 

I  judge  that  what  the  Commission  wishes  to  decide  upon  is 
whether  industrial  education  determines  the  wage  scale  or  whether 
wages  regulate  the  kind  or  quality  of  industrial  education?  I 
believe  that,  when  the  present,  more  or  less  artificial,  excitement 
about  industrial  education  has  calmed  down  and  the  sobering 
effects  of  the  work  of  social-economic  forces  begin  to  assert  them- 
selves, it  will  be  found  that  wages,  or  rather  the  economic  forces 
behind  wages,  will  eventually  determine  the  nature  and  quality 
of  industrial  education  for  the  skilled,  semi-skilled  and  unskilled 
groups  of  wage  earners.  There  will  be  subdivisions  in  the  general 
scheme  of  industrial  education,  shading  into  each  other  but  still 


870  Appendix  III 

leaving  education  of  the  above  three  labor  groups  well  defined, 
with  one  certain  feature,  described  later,  common  to  all. 

Industrial  education  cannot  determine  the  wage  scale,  because 
education  does  not  create,  but  only  enhances  the  value  of  the 
factors  which  establish  a  wage  scale;  although  education  power- 
fully promotes  the  development  of  conditions  with  an  increased 
distribution  of  wages.  Education  is  a  salable  commodity  and  will 
be  remunerated  according  to  the  demand  in  the  market.  Yet  it  is 
conceivable  that,  under  certain  industrial  conditions,  a  general 
system  of  education  may  raise  the  wage  scale  of  a  group  or  groups 
of  industrial  workers.  The  results  of  the  findings  of  the  New 
Tork  State  Factory  Investigation  Commission  depends  largely 
upon  the  question  whether  and  how  this  can  be  done. 

Industrial  education  is  primarily  a  social-economic  problem 
and  not  a  pedagogic  one.  Until  quite  recently  the  industrial 
education  movement  has  concerned  itself  exclusively  with  the 
training  for  a  few  skilled  trades,  leaving  the  fiemi-skiUed  and 
unskilled  out  of  consideration.  Their  less  obvious  and  more  ob- 
scure contributions  to  the  success  of  our  industries  were  under- 
valued, and  therefore  the  training  of  their  vocational  possibilities 
were  neglected.  This  inevitably  led  to  the  lowering  of  the  wages 
of  the  semi-skilled  and  unskilled  workers  to  the  lowest  possible 
point,  because  the  finished  product  had  not  only  to  pay  for  this 
wage,  but  in  addition  was  burdened  with  the  invisible  cost  for 
waste  of  material  and  time  and  greater  wear  and  tear  of  equip- 
ment and  increased  cost  of  supervision,  due  to  the  unpreparedness 
and  to  the  untrained  and  undeveloped  intelligence  of  the  work- 
ers. Even  after  allowing,  for  argument's  sake,  for  the  exploita- 
tion of  labor  through  greed  and  disregard  of  ethical  law,  it  is 
obvious  that  in  the  modern  industrial  organization,  with  its  pro- 
ductive capacity  and  immense  quantitative  output,  there  must  be 
a  highly  developed  system  of  detailed  procedure  and  economies 
of  time  and  material  if  there  is  not  to  be  endless  confusion  and 
leakage  which,  in  the  aggregate,  produce  serious  and  vexatious 
losses,  either  unduly  increasing  the  total  cost  of  production  and 
thereby  reducing  the  market  for  the  goods,  or  making  the  busi- 
ness unattractive  for  the  investment  of  capital.  The  ever  chang- 
ing injection  into  this  delicately  balanced  economic  system  of  a 


Memoranda  on  Industrial  Education  871 

lot  of  persons  of  unprepared  mentality  acts  like  the  introduction 
of  grit  and  dust  into  the  journals  of  sensitive  machinery,  creating 
friction  and  retardation  of  speed  until  the  grains  of  grit  and  dust 
have  been  sufficiently  enveloped  with  the  lubricants  or  have 
worked  themselves  out  after  awhile. 

But  if  this  friction  and  retardation  is  unavoidable,  the  draw- 
backs and  losses  occasioned  thereby  must  be  calculated  for  and 
allowance  made  in  the  cost  of  machinery  and  its  maintainance, 
and  no  amount  of  sentiment  with  the  grit  and  dust  getting  into 
the  journals  will  remove  the  consequences  of  its  disturbing 
presence. 

A  minimum  wage  law  will  not  alter  this  condition ;  it  will  not 
remove  the  cause  of  low  wages,  but  only  try  to  gloss  over  the  effects 
of  the  cause.  Here,  then,  we  come  to  the  point  of  your  inquiry 
as  to  the  relation  of  industrial  education  to  wages. 

A  couple  of  years  ago  an  American  manufacturer  and  exporter 
stated  at  a  trade  convention  that  his  firm  and  other  firms  produc- 
ing the  same  goods  were  less  and  less  able  to  compete  with  the 
Germans  in  the  markets  of  the  world,  not  because  their  workmen 
were  less  skilled  but  because  they  were  so  wasteful  in  time  and 
material,  raising  thereby  the  cost  of  production  so  as  to  impair 
the  salability  of  the  products.  How  did  the  German  manu- 
facturer prevent  this  waste  of  time  and  material  by  his  workmen, 
and  why  can  we  not  use  the  same  means  to  prevent  our  workmen 
from  wasting  time  and  material  which  reduces  their  eifijciency 
and  either  reduces  their  wages  or,  if  this  is  prevented  by  law, 
raises  the  cost  of  production  to  the  point  where  the  sale  of  the 
products  is  curtailed  and  workmen  will  be  discharged  and  only 
the  best  ones  will  be  retained  ? 

A  minimum  wage  law  without  a  corresponding  raising  of  the 
general  industrial  intelligence  of  the  workers  whom  it  is  intended 
to  benefit  will  react  upon  our  industries  in  the  same  way  at  home 
as  described  by  the  above  exporter.  Either  the  compulsory  wage 
addition  will  raise  the  cost  of  production  due  to  lack  of  training 
of  those  who  are  to  be  benefited  by  the  compulsory  wage,  and  the 
sale  of  the  products  is  curtailed  due  to  the  higher  cost,  with  re- 
sulting lack  of  work ;  or  large  numbers  of  the  untrained  will  not 
be  employed,   to  avoid  the  cost  of  friction  and  retardation  of 


S72  Appendix  III 

machinery;  or  else  the  public  will  tax  itself  to  provide  such 
educational  facilities  for  training  the  unskilled  workers  to  a  level 
equal  to  the  value  of  the  compulsory  wage,  thus  taking  from  Peter 
to  pay  Paul.  A  confirmation  of  this  intimate  relation  between 
industrial  education  and  wage  earning  capacity  we  find  in  the 
increasing  number  of  shop  and  apprentice  schools  and  continua- 
tion schools.  Notwithstanding  the  high  cost  of  shop  schools  all 
the  concerns  and  railroads,  supporting  such  schools,  are  unani- 
mous in  their  expression  that  the  outlay  in  money  for  instructors 
and  equipment  and  in  time  by  sending  the  employees  to  school 
during  working  hours,  is  repaid  and  more,  through  increased 
mechanical  efficiency  and  higher  degree  of  intelligence;  a  degree 
of  intelligence  which  takes  a  broader  view  of  their  work  and  sur- 
roundings and  the  relation  of  their  work  to  the  industry  as  a 
whole. 

At  the  Westinghouse  Electric  &  Machine  Company,  East 
Pittsburgh,  Pa.,  they  have  some  300  day  apprentice  pupils  and 
over  700  employees,  male  and  female,  from  fourteen  years  up,  in 
their  evening  classes.  There  is  even  a  class  for  retarded  pupils, 
who  get  a  work  certificate  at  fourteen  but  are  weak  in  their 
academic  work.  On  inquiry  it  is  found  that  all  this  outlay 
"  pays."  In  Milwaukee,  Wisconsin,  there  are  some  6,000  young 
employees  from  fourteen  to  sixteen  in  compulsory  day  schools.  At 
first  the  employers  were  skeptical  about  the  value  of  the  new  law, 
but  after  two  years'  fair  trial  it  has  been  found  to  "  pay "  in 
increased  intelligence  for  the  loss  of  time  while  they  are  at  school. 
It  was  the  same  with  the  metal  trades  in  Cincinnati  when  they 
started  their  voluntary  continuation  schools  for  fourteen  to 
eighteen  year  old  employees.  After  one  year's  trial  the  employers 
found  that  the  loss  of  a  day  a  week  "  paid  "  with  those  who  chose 
to  take  advantage  of  the  opportunity. 

While  in  these  cases  industrial  education  does  not  raise  wages 
directly  for  the  group,  it  prevents  possible  lowering  of  wages;  it 
gives  stability  to  the  industry  and  employment;  and  it  offers 
greater  opportunity  for  better  paying  jobs  in  the  industry  by  the 
development  of  inherent  talents  which  otherwise  would  have  re- 
mained dormant.  Incidentally,  the  community  benefits  by  the 
reaction  upon  its  ethical  life. 


Memoranda  on  Industrial  Education  873 

Wages  Raised  by  Industrial  Education 
Owing  to  our  phenominally  rapid  industrial,  commercial  and 
political  devolopment  we  are  just  now  in  the  midst  of  a  period  of 
transition,  not  having  yet  attained  to  the  comparatively  stable 
social  conditions  of  the  older  European  countries.  Hence,  while 
it  is  deplorable  and  injurious  to  the  community  to  permit  masses 
of  untrained  young  people  filling  our  factories  and  workshops, 
it  is  nobody's  fault  in  particular  that  such  a  condition  prevails. 
They  are  the  earmarks  of  the  pioneer  conditions  of  our  industries, 
just  as  formerly  the  burning  and  wasteful  destruction  of  our 
forests  were  the  earmarks  of  our  agricultural  development.  But 
as  we  have  injured  our  country  by  this  reckless  waste  of  timber, 
so  we  will  injure  our  country  if  we  continue  to  dump  the  un- 
trained intelligence  and  untrained  talents  of  our  young  people 
by  the  millions  into  the  insatiable  maw  of  industrial  activity 
without  provision  for  the  conservation  of  this  intelligence  and 
talents;  taking  the  intelligence  out  of  the  social  soil,  put  there 
by  generations  of  efforts,  in  our  own  country  and  in  Europe, 
without  putting  anything  back  into  the  social  soil  as  a  fertilizer, 
as  it  were,  in  the  form  of  educational  facilities  for  cultivating 
the  fertile  soil  to  produce  continued  and  better  suited  crops  of 
national  intelligence,  to  conserve  our  mental  resources  as  we  are 
beginning  to  conserve  our  material  resources. 

Which  Way  the  Best  f 

How  can  we  best  conserve  the  mental  resources  of  the  millions 
of  semi-skilled  and  unskilled  workers  ?  By  the  short  cut  of  rais- 
ing wages  artificially  by  legislative  enactment  and  leave  to  natural 
processes  the  weeding  out  of  those  who  cannot,  for  lack  of  train- 
ing, come  up  to  the  requirements  of  that  artificially  set  scale  of 
ability  ?  Or  shall  we  go  according  to,  "  the  longest  way  around 
is  the  shortest  way  home,"  and  establish  a  system  of  continuation 
schools  where  all  have  a  chance  to  show  what  talents  there  are  in 
them  and  thus,  in  a  natural  and  human  way,  though  perhaps  not 
so  popular,  but  in  a  way  in  conformity  with  our  democratic  insti- 
tutions, raise  the  wage  scale  in  conformity  with  the  requirements 
of  sound  competitive  business  principles? 


874  Appendix  III 

A  check  upon  greed  and  exploitation  could  be  established  by 
the  creation  of  an  arbitration  committee  in  each  factory,  or  for 
a  group  of  like  occupations,  which  could  work  out  their  own 
salvation  within  their  own  sphere  without  legislative  standards 
and  interference.  Only  recently  the  writer  visited  a  silk  mill 
and  inquiring  into  the  wages  paid  and  degree  of  intelligence  of 
the  workers,  was  told  that  better  wages  could  be  paid  if  the 
degree  of  intelligence  were  higher.  Complaint  was  also  made  of 
the  inability  of  obtaining  a  sufficient  number  of  "'  gang  leaders  " 
of  entire  absence  in  the  community  of  opportunity  to  those  who, 
by  some  training,  might  have  their  talent  developed  sufficiently 
to  qualify  for  the  purpose. 

Which  would  work  better  in  the  long  run  in  such  a  case,  an 
artificially  created  minimum  wage  scale  or  the  natural  develop- 
ment of  talents  and  giving  it  a  chance  to  get  to  the  top  ?  Which 
way  would'  react  more  favorably  upon  the  community  and 
business  ? 

KiTid  of  Training  for  the  Unskilled 

The  question  which  kind  of  stimulation  for  raising  wages  is 
preferable,  the  artificially  legislative  or  the  rationally  educative, 
raises  the  question  what  kind  of  education  is  needed  to  accomplish 
the  purpose.  Not  long  since  the  writer  conversed  with  some 
manufacturers  about  raising  the  quality  of  certain  goods.  Vari- 
ous means  were  suggested,  all  of  which  terminated  in  the  im- 
provement of  some  special  department.  The  writer  contended 
that  no  superlative  refinement  of  any  single  department  would 
bring  the  desired  result  as  long  as  three  classes  of  labor  took  part 
in  the  production.  Only  the  raising  of  the  general  intelligence 
of  the  whole  force  would  raise  the  quality.  This  was  admitted 
and  steps  were  taken  towards  that  end. 

The  foundation  for  this  general,  or  as  it  might  also  be  called, 
industrial  intelligence  of  the  semi-skilled  and  unskilled,  should 
be  laid  in  the  elementary  school,  and  the  experiment  of  pre- 
vocational  training  lately  inaugurated  in  nine  public  schools  of 
New  York;  Nos.  62,  64  and  95  in  Manhattan;  Nos.  5,  158  and 
162  in  Brooklyn;  No.  85  in  Queens;  No.  45  in  the  Bronx;  No. 
1  in  Richmond,  is  in  the  right  direction,  and  if  generally  adopted 
would  go  far  to  the  solution  of  the  problem.     The  industrial  his- 


Memoranda  on  Industrial  Education  8Y5 

tory  of  our  own  country,  with  elementary  object  lessons  of  our 
resources,  geography  and  transportation  in  motion  pictures;  a 
review  of  the  various  municipal  departments  and  what  they  do  for 
the  city;  how  the  cities  have  originated  and  how  they  have 
grown,  and  what  the  industries  had  to  do  with  it;  public  health 
and  why  we  should  keep  healthy;  and  similar  subjects,  con- 
nected with  some  primary  manual  work  so  as  to  develop  their 
motor  activity,  will  all  help  to  arouse  their  interest,  bring  out 
their  dormant  talents,  and  when  they  go  to  work  they  will  not 
be  a  drag.  They  will  know  better  what  they  go  into,  and  will 
have  a  better  understanding  of  their  work  and  what  it  means  to 
them  and  to  others,  and  why  they  should  take  interest  in  it  for 
their  own  good  and  the  good  of  the  industry  they  are  working  in. 

If  other  nations  can  do  this  we  ought  to  be  able  to  do  it,  unless 
we  are  willing  to  admit  that  our  boys  and  girls  are  mentally  and 
physically  inferior  to  the  boys  and  girls  of  other  lands,  which 
is  not  the  case  and  which  no  one  will  admit.  If  the  objection 
is  raised  that  many  of  these  young  people  are  foreign  born  or  of 
foreign  parents,  then  again  the  question  could  be  raised  why  we 
should  not  and  could  not  do  to  them  what  their  own  country 
could  and  would  do,  provided  conditions  demanded  it. 

Conclusiom 

From  whatever  angle  the  wage  question  is  surveyed  it  is  seen 
that  wages  and  industrial  education  are  closely  related  and  inter- 
dependent with  the  skilled  semi-skilled  and  unskilled  workers. 
Wages  are  not  regulated  by  industrial  education.  In  some  Euro- 
pean countries  industrial  education  is  far  superior  to  ours  and 
relentlessly  compulsory  besides,  yet  their  wages  are  lower  than 
ours;  but  any  advancement  in  wages  or  position  hoped  for  in 
industrial  life  depends  on  industrial  education,  and  the  kind  and 
degree  of  industrial  or  technical  education.  The  lack  of  it  lowers 
the  wages  of  the  individual  as  well  as  the  wage  scale  of  the  whole 
gi'oup  of  workers  of  the  skilled,  semi-skilled  and  unskilled  alike, 
male  and  female,  though  the  former  more  than  the  latter. 

Two  factors  insidiously  but  powerfully  operate  to  reduce  the 
economic  value,  industrially,  of  a  system  of  industrial  education 
which  tries  to  increase  the  mechanical  efficiency  of  the  industrial 
worker. 


8Y6  Appenpix  III 

One  of  these  factors  is  the  "  flat  rate  "  of  hourly  pay  for  un- 
skilled workers;  paying  so  much,  say  fifteen  cents  per  hour,  to 
each  member  of  a  group,  irrespective  of  the  individual  efficiency 
which  may  make  some  of  the  group  twice  as  valuable  as  others. 
Those  who  "  soldier  "  are  rated  just  as  high  as  the  conscientious 
and  industrious  ones  who,  by  the  "  flat  rate  "  are  reduced  to  a 
lower  level  and  discouraged  to  do  the  best  they  could  and  would 
do  if  value  of  performance  were  paid.  This  same'  demoralizing 
principle  is  frequently  applied  in  clerical  and  minor  positions  of 
responsibility.  There  the  position  is  paid  and  not  the  man.  The 
expansion  of  the  concern,  or  the  inability  of  the  next  higher  to 
do  the  work,  or  other  circumstances  often  require  a  given  man 
to  do  high  grade  work  beyond  what  was  originally  contemplated, 
but  the  man's  pay  is  not  raised,  though  his  work  is  recognized  to 
be  highly  satisfactory.  But  as  long  as  he  does  not  get  a  higher 
position  his  pay  remains  and,  unless  he  is  a  very  strong-minded 
man,  his  ambition  and  ethical  aspect  of  life  are  crushed.  Often 
enough  an  inferior  one  gets  the  better  paying  position  because 
the  efficient  one  is  too  valuable  in  his  position.  This  process 
favors  the  growth  of  bureaucracy  and  mediocrity. 

The  second  factor  is  the  "  piece  "  rate  of  wages  which,  after  a 
man  has  attained  a  certain  circumscribed  mechanical  efficiency 
and  a  minimum  of  technical  knowledge,  if  any  is  required,  to  suit 
his  immediate  needs,  offers  no  more  inducement  for  future  men- 
tal or  vocational  expansion  and  development  of  talent.  If  he 
exerts  himself  and  does  better,  his  "  piece  "  rate  will  be  quickly 
cut  down  to  the  "  standard  "  allowance.  In  my  educational  work, 
which  I  have  carried  on  as  a  "  hobby  "  and  recreation  for  the  last 
forty-five  years,  I  have  been  frequently  told,  on  my  plea  with 
men  for  better  education  of  their  children ;  "  H'm,  what's  the 
use  ?  Neither  I  nor  they  would  get  a  cent  more  for  all  the  knowl- 
edge they  may  have."  And  I  knew  well  enough  that  from  their 
narrow  standpoint  of  merely  earning  a  living  they  were  right. 

Herein  industrial  education  must  attempt  to  cover  a  larger 
field  of  usefulness  than  mere  manual  dexterity  training.  Instead 
of  making  this  the  aim  and  end  of  vocational  training,  it  should 
make  the  man's  bread  and  butter  interest  the  nucleus  around 
which  to  build  up  a  comprehension  of  the  relation  of  his  work  to 


Memoeanda  on  Industrial  Education  877 

the  success  of  the  industry  and  the  ethical  life  of  the  citizen.  I 
know  it  can  be  done. 

In  Bulletin  23,  1914,  Whole  Number  596,  of  the  United  States 
Bureau  of  Education  at  Washington,  I  find  some  passages  which 
apply  directly  to  the  problem  of  the  relation  of  industrial  educa- 
tion to  wages.  On  Page  50  of  the  Bulletin,  in  reference  to  thd 
Krupp  Steel  Works  at  Essen,  Prussia,  it  says :  "  The  apprentices 
receive  their  theoretical  instruction  entirely  in  the  local  continua- 
tion evening  schools.  A  few  years  ago,  however,  the  apprentice- 
ship department  was  organized  in  an  entirely  separate  building, 
where  about  500  boys,  regularly  apprenticed  to  the  trade,  received 
instruction  in  trade  processes  only.  The  first  two  years  this  de- 
partment cost  the  works  about  30,000  marks;  since  that  time  it 
has  not  only  paid  for  itself,  but  has  become  a  source  of  revenue." 

Page  52.  "  The  entire  system,  while  beneficial  to  the  indi- 
vidual employee  and  his  family,  still  makes  for  the  good  of  the 
company.  The  man  becomes  a  more  efficient  producer,  and  dur- 
ing his  period  of  training,  he  not  only  maintains  the  educational 
expenses  of  the  institution,  but  is  also  a  source  of  revenue.  The 
girl  becomes  a  more  efficient  home-maker  and  is  able  to  provide 
a  better  living  for  her  husband  who  is  employed  in  the  works 
than  she  otherwise  could.  These  conditions  make  more  satisfied 
employees  and  tend  toward  less  and  less  social  unrest  and  dis- 
satisfaction —  results  vital  for  the  good  of  such  a  productive 
organization." 

I^ow,  please,  mark  the  contrast  of  another  passage,  on  Page  53, 
in  reference  to  our  own  country.  "An  interesting  fact  brought 
to  light  recently  in  the  city  of  Bridgeport,  Conn.,  through  the 
State  employment  agent,  Mr.  Hall,  was  that  a  very  large  per- 
centage of  juvenile  industrial  workers  did  not  even  know  where 
the  factory  was  located  in  which  they  were  to  enter  upon  an  occu- 
pation, much  less  the  conditions  under  which  they  were  to  be 
employed.  A  conference  with  Mr.  Goodrich,  of  the  Bryant  Elec- 
tric Co.,  in  the  same  city,  showed  that  his  greatest  loss  in  manu- 
facturing was  due  to  the  falling  out  of  employees  who  found, 
after  a  week  or  month  of  trial,  that  they  were  not  fitted  to  their 
employment ;  consequently  the  foreman  had  to  "  hrecJc  in  new 
help"  which  always  entails  a  great  loss  in  the  cost  of  production." 


878  Appendix  III 

Who  is  paying  for  this  loss?  The  consumer,  of  course.  But, 
if  the  price  of  the  goods  is  raised  too  high,  the  consumer  will  not 
buy,  hence  wages  are  kept  low  to  make  up  for  the  loss,  and  labor 
is  punished  for  lack  of  training  and  development  of  its  inborn 
talents  and  intelligence. 

Granting  a  minimum  wage  law  is  desirable  ajid  justifiable;  if 
it  is  not  accompanied  by  social  agencies  to  prevent  that  loss  in 
cost  of  production,  then  the  cost  of  production  is  increased  by 
the  amount  due  to  incapacity  of  workers,  plus  artificial  raise  of 
wages  through  legislative  enactment.  This  raises  the  price  of 
the  product  to  the  point  where  consumption  is  curtailed  and  labor 
is  thrown  out  of  work,  or  the  wage  scale  is  reduced  all  along  the 
line.  Here  we  have  the  rubber  ball  again,  forced  into  too  small 
a  box.  But  if,  under  these  circumstances,  the  manufacturer  is 
forced  to  provide  for  the  training  of  his  help  exclusively,  the 
cost  of  production  is  increased  still  more  and  we  have  moved 
around  a  circle. 

Hence  the  significance  and  value  of  the  educational  movement 
as  inaugurated  in  those  nine  New  York  schools,  which  should  be 
supplemented  by  a  system  of  continuation  schools  such  as  they 
have  at  Milwaukee,  where  the  employers  pay  for  the  time  of  his 
employee  in  school,  while  the  municipality  pays  for  the  teaching 
and  equipment 

^Vhile  not  the  only  factor,  this  is  one  of  the  main  factors  of 
Germany's  industrial  success.  Instead  of  substituting  legislative 
enactment  for  inborn  and  latent  talent,  she  developed  that  talent 
through  educational  agencies  and  backed  that  up  by  relentless 
compulsion.  Instead  of  raising  the  wages  by  law  Germany 
raised  the  intelligence  of  the  industrial  workers  by  law  to  the 
top  notch.  And  if  she  should  be  crushed  politically,  these  educa- 
tional agencies  and  their  results,  and  the  characteristics  of  the 
people  will  remain,  and  will,  in  due  course  of  time,  assert  them- 
selves as  before,  and  even  more  so  because  of  poverty  and 
privation. 

I  have  the  report  of  a  meeting  of  the  German  Association  of 
Industrial  Teachers.  One  day  was  devoted  to  the  discussion  and 
adoption  of  resolutions  how  best  to  teach  citizenship  in  industrial 
schools.     It  was  not  the  question  whether  it  should  be  taught  — 


Memoranda  on  Industrial  Education  879 

that  is  already  settled  —  but  how  it  should  be  taught  best.  From 
9  A.  M.  to  5  :30  p.  M  the  minister  of  commerce,  the  governor  of 
the  province,  the  mayor  of  the  city,  professors,  teachers,  manu- 
facturers and  business  men  vied  with  each  other  to  find  the  best 
way,  and  if  our  people  of  similar  stations  in  life  would  have 
dropped  into  that  meeting  they  would  have  imagined  them  to  be 
socialists.  They  understand  how  to  correlate  and  co-ordinate  the 
various  educational  forces  to  produce  a  harmonius  and  effective 
result.  They  do  not  waste  the  latent  mental  resources  of  the 
nation,  as  we  do,  and  then  go  to  the  legislature  to  make  up  for 
neglected  opportunities  simply  because  we  are  rich. 


Statement  of  John  A.  Lapp 

The  relationship  between  industrial  education  and  wages  in  this 
country  is  largely  speculative  owing  to  our  lack  of  exact  informa- 
tion for  any  considerable  number  of  people.  Statistics  have  been 
gathered  for  certain  groups  and  the  value  of  industrial  education 
in  increasing  their  wages  has  been  demonstrated.  In  most  cases, 
however,  the  persons  in  these  groups  are  selected  and  cannot  be 
taken  as  a  guide  for  the  whole  country,  nor  even  for  the  whole 
mass  of  workers  in  their  particular  occupations. 

In  the  present  state  of  industrial  education  a  little  training 
goes  a  long  way  and  it  would  be  expected  that  a  few  selected  indi- 
viduals through  training  would  receive  great  advantages  among 
the  great  mass  of  totally  untrained  persons.  When  we  attack  the 
problem  of  training  all  people  for  greater  efficiency  and  for  bet- 
ter wages,  we  must  bear  these  facts  in  mind.  Many  industries 
offer  the  chance  for  persons  who  are  ambitious  to  rise  to  more 
skilled  positions  and  to  better  pay.  Many  other  occupations  offer 
no  such  opportunities  and  after  a  slight  training  and  a  little 
practice  in  certain  processes,  the  worker  becomes  as  skilled  as  he 
can  expect  to  be  in  that  particular  occupation.  Probably  no 
amount  of  training  would  make  it  possible  for  any  considerable 
number  of  such  persons  to  receive  a  better  wage  and  for  the  great 
mass  of  workers  in  such  occupations  there  is  no  very  definite 
connection  between  industrial  education  and  wages. 


880  Appendix  III 

ISTot  so,  however,  with  the  great  mass  of  youth  who  are  entering 
employment.  While  industrial  education  may  not  be  able  to  ad- 
vance the  grown  worker  very  much  in  automatic  callings,  it  can 
be  made  to  minister  to  the  wants  of  the  youth  who  is  just  be- 
ginning and  whose  mind  and  faculties  are  open  to  training  which 
will  give  him  greater  opportunities  to  enter  occupations  requiring 
more  skill  and  having  greater  opportunities  for  advancement. 

Industrial  education  will  also  reach  the  great  mass  of  youth 
entering  upon  industrial  work  and  train  them  in  processes  which 
may  lead  to  more  skilled  work  in  other  employments  if  the  par- 
ticular work  in  which  they  are  engaging  does  not  present 
vocational  advantages.  By  this  process  wages  will  be  gradually 
raised  because  a  greater  and  greater  proportion  of  youth  would  be 
directed  into  skilled  occupations  and  consequently  a  smaller  num- 
ber left  for  the  automatic  employment.  A  complete  system  of 
universal  education  adjusted  to  the  needs  of  all  children  would 
go  far,  in  my  estimation,  towards  correcting  low  wages  in  such 
employments  as  candy  making  and  department  store  work  in 
which  the  majority  of  persons  take  work  simply  because  they  are 
not  qualified  to  do  anything  better. 

As  an  immediate  relief  from  the  demoralizing  effect  of  low 
wages,  I  do  not  believe  industrial  education  can  be  effective. 
Nothing  but  the  fiat  of  law  can  prevent  the  merciless  competition 
of  the  unskilled  which  has  driven  wages  below  the  living  stand- 
ard. As  a  permanent  corrective,  however,  I  believe  industrial 
education  will  go  far.  Most  of  all  it  wiU  do  this:  It  will  open 
opportunities  for  youth  in  every  occupation  to  make  the  most  of 
his  capabilities.  The  automatic  blind  alley  job,  is  the  cause  of 
most  industrial  unrest.  Give  the  boy  or  the  man  the  hope  of  a 
better  future,  and  he  has  a  permanent  interest  in  the  social  wel- 
fare. Close  up  the  opportunities  and  the  pent  up  social  forces  will 
find  a  way  out  in  explosive  fashion. 


Statement  of  James  P.  Munroe 

It  seems  to  me  that  the  enactment  of  legislation  prescribing  a 
minimum  wage  will  almost  inevitably  result  in  thi  owing  upon 
organized    or    unorganized    philanthrophy    a    large    number    of 


Memoranda  on  Industeial  Education  881 

women  and  minors,  as  well  as  a  considerable  number  of  men, 
now  contributing  in  some  degree  to  their  own  support.  To  do 
this  would  not  relieve  the  labor  situation  and  would  double  the 
difficulties  already  surrounding  poor  relief  and  the  problems  of 
public  morals. 

The  question  of  the  living  wage  is  too  complex  to  be  dealt 
with  by  hard  and  fast  legislation.  In  the  transition  from  hand 
processes  to  machine  processes  in  industry  there  must  always  be 
a  period  when  it  is  cheaper  —  or  is  believed  to  be  cheaper  —  to 
have  certain  automatic  or  mechanical  processes  performed  by 
hand  than  by  a  machine.  To  insure  this  cheapness,  however, 
wages  must  be  kept  low;  and,  since  these  processes  require  no 
brains  and  almost  no  dexterity,  they  are  the  refuge  of  vast  num- 
bers of  persons  (mainly  women  and  minors),  who  have  neither 
the  mind  nor  the  skill  to  perform  the  better  paid  services  in  com- 
merce and  in  industry.  Until  such  time  as  the  number  of  such 
persons  can,  by  education  or  other  forms  of  social  stimulation,  be 
reduced,  it  is  better,  in  my  opinion,  for  them  to  earn  some  wage 
—  inadequate  though  it  may  be  —  than  to  become,  directly  or 
indirectly,  burdens  upon  their  more  able  or  better  educated  fellow 
citizens. 

Since,  however,  this  problem  of  the  underpaid  is  perhaps  the 
most  serious  and  far-reaching  among  those  confronting  organized 
society,  all  persons  concerned  in  education  should  give  it  im- 
mediate and  exhaustive  study.  It  cannot  be  solved,  in  any  large 
degree,  by  the  ordinary  schemes  for  vocational  education,  for 
there  is  practically  no  "  technique  "  of  these  automatic  processes, 
and  the  speed  attainable  by  the  operator  is  limited  by  that  of 
the  machine  which  he  tends  or  feeds.  Therefore,  the  education 
given  to  such  a  worker  must  be,  not  technical,  but  personal.  It 
xHust  seek,  first,  to  overcome  as  far  as  may  be  the  defects  of 
heredity,  environment  or  education  which  have  placed  the  indi- 
vidual in  the  ranks  of  the  unskilled;  second,  to  give  him  such 
inner  or  outer  stimulus  as  may  offset  in  some  measure  the  dead- 
ening effects  of  a  monotonous  occupation  pursued  day  after  day; 
and  third,  to  arouse,  if  possible,  ambition  to  enter,  by  acquiring 
the  necessary  skill,  some  higher  occupation  giving  a  living  wage. 


882  Appendix  III 

It  is  my  belief  that  much  more  could  be  done  than  is  done,  before 
the  age  of  fourteen,  to  keep  these  less  gifted  individuals  from 
falling  into  the  unskilled  class,  and,  after  that  age,  to  lift  them 
out  of  that  class  into  at  least  the  level  of  the  semi-skilled. 

Education  —  using  the  term  broadly  —  has  at  least  two  other 
opportunities  in  this  connection ;  the  opportunity,  first,  of  educat- 
ing public  opinion  so  that  it  shall  refuse  to  buy  the  cheap  and 
shoddy  stuff  which,  as  a  rule,  is  the  product  of  labor  that  fails 
to  receive  a  living  wage;  and,  secondly,  of  giving  such  a  train- 
ing, in  the  schools  and  elsewhere,  as  shall  educate  us  out  of  our 
present  ignorance,  waste  and  extravagance  in  household  manage- 
ment. In  doing  the  first  thing,  education  would  markedly  benefit 
both  producer  and  consumer;  in  doing  the  second,  it  would  sub- 
stantially increase  the  purchasing  power  of  wages  which,  meas- 
ured by  the  present  extravagant  standards  of  American  waste, 
are  now  grossly  inadequate.  The  wages  question  is  one  not 
merely  of  sufficient  pay,  but  also  of  intelligent  spending. 

There  still  remains  the  seemingly  insoluble  question  as  to 
what  is  to  be  done  with  the  relatively  enormous  number  of  fairly 
intelligent  women  and  minors  who  enter  industry  with  no  thought 
and  no  need  of  securing  a  full  living  wage.  They  take  up  un- 
skilled work,  more  or  less  fitfully,  with  a  view  either  to  augment- 
ing the  family  income  or  to  securing  additional  spending  money 
for  themselves.  They  are  a  potent  factor  in  depressing  the  wage 
scale,  and  any  minimum  wage  law  would  tend  to  drive  them  out 
of  the  labor  market.  In  doing  so,  however,  a  great  group  of  one 
of  our  best  types  of  family  would  be  reduced,  either  from  com- 
fort to  a  bare  subsistence,  or  from  a  bare  subsistence  to  distress- 
ing and  destructive  penury. 


Statement  of  H.  B.  R.  Scheel 

Our  educational  scheme  has  been  in  operation  something  less 
than  three  years,  and  we  have  no  graduates  as  yet.  We,  therefore, 
have  available  no  data  on  earnings  or  relative  efficiency  of  grad- 
uates compared  with  those  not  specially  trained. 


Memoranda  on  Industbial  Education  883 

As  far  as  the  work  has  gone,  however,  we  believe  that  the 
young  men  taking  the  co-operative  course  in  the  high  school  will 
be  worth  more  to  themselves  and  to  their  employers  —  that  is, 
to  us  and  to  other  manufacturers  —  than  if  they  had  not  under- 
taken the  industrial  course. 


Statement  of  Albert  Shiels 

Except  in  hazardous  or  exhausting  forms  of  unskilled  labor, 
it  is  a  fact  that  competition  is  greatest  in  the  ranks  of  the  un- 
skilled, and  that  wages  increase  as  a  greater  skill  is  required  of 
the  worker. 

Nevertheless,  even  in  the  skilled  trades  there  are  numbers  of 
poorly  trained  workers.  If  the  labor  market  be  well  organized, 
they  may  receive  the  full  rate  of  pay,  but  such  workers  are  the 
first  to  be  dismissed  during  a  slack  season. 

The  problem  of  industrial  training  is,  therefore,  two-fold: 
First.  To  prepare  young  people  for  vocational  activities  accord- 
ing to  their  abilities.  Second.  To  train  those  who  are  already 
wage-earners  to  become  more  competent  workers  with  increased 
earning  ability. 

1.  Concerning  the  first  problem  much  has  been  written  though 
comparatively  little  has  been  done.  In  a  democracy  it  is  difficult 
to  train  boys  and  girls  for  particular  occupations,  for  their  choice 
is  not  determined  by  the  school ;  and  the  father's  trade  influences 
a  son's  choice  but  little.  To  provide  for  the  future  earning 
ability  of  pupils,  there  are  three  methods  of  procedure.  Children 
should  have  a  sound,  general  elementary  course,  even  if  legisla- 
tion be  necessary  to  insure  the  completion  of  the  course.  They 
should  learn  in  the  last  years  at  school  some  facts  concerning  the 
immediate  and  ultimate  wage-promise  of  various  occupations,  and 
they  should  receive  some  suggestion  as  to  their  own  aptitudes  and 
abilities  as  the  instructor  has  observed  them.  iF'inally,  their 
manual  work  should  be  sufficiently  varied  to  include  experience 
in  a  variety  of  occupations;  e.  g.,  metal,  wood  and  electrical 
work.  But  it  must  be  realized  that  there  is  no  way  of  preparing 
a  journeyman  worker  in  an  elementary  school.     Even  were  the 


884  Appendix  III 

pupil  old  enough,  actual  shop  experience  would  be  necessary  to 
supplement  school  experience. 

2.  The  second  problem  is  more  easy  of  solution  and  has  an 
immediate  relation  to  wages.  It  concerns  the  fuller  training  of 
that  large  group  of  workers  who  are  in  the  trades,  yet  not  of 
them,  who  have  begun  in  a  haphazard  way  to  get  a  trade  experi- 
ence, and  yet  can  make  little  progress  because  they  know  little 
and  have  no  opportunity  of  learning  more.  It  concerns,  too,  that 
large  army  of  imperfectly  trained  workers,  who  lack  thorough 
familiarity  with  their  occupations,  and  who,  as  they  are  the  last 
to  get  jobs,  are  as  well  the  first  to  lose  them.  In  many  cases 
these  two  gi'oups  are  not  as  successful  as  their  better  equipped 
fellows  because  their  knowledge  is  slight  and  their  skill  limited. 
They  need  the  training  that  means  opportunity.  That  training, 
it  may  be  added,  does  not  necessarily  involve  an  expensive  system 
of  instruction.  As  illustrations  of  handicaps  which  prevent 
operatives  from  earning  what  they  might,  we  may  recall  ma- 
chinists who  know  only  how  to  manage  single  types  of  machinery ; 
printers  who  lack  knowledge  of  elementary  composition  and  spell- 
ing; pattern  makers  who  read  blue-prints  imperfectly.  Proper 
training  is  not  difficult;  the  lack  of  it  means  economic  loss. 

Apprentice  and  corporation  schools  are  developing  their  own 
schools.  A  public  system  of  instruction,  open  to  all  workers, 
inspires  greater  confidence,  at  least  among  workers,  than  does  a 
private  enterprise.  Public  industrial  instruction  must  bear  an 
immediate  relation  to  wage-earning  power.  Its  development  must 
be  broad  and  varied  enough  to  meet  the  needs  of  all  classes  of  work- 
ers.   A  public  system  should,  therefore,  provide  for: 

1.  Evening  classes. 

2.  Afternoon  continuation  classes  in  schools. 

3.  School  classes  in  shops. 

4.  Co-operative  methods  of  half-time  (shop  and  school  instruc- 
tion for  workers). 

The  greatest  need  at  this  time  is  a  more  enlightened  attitude 
among  employers.  One  ISTew  York  employer  allowed  the  schools 
to  instruct  his  illiterate  operatives  in  working  hours  without  loss 
of  pay.  The  result  was  that  these  workers  not  only  increased 
their  own  earning  power  but  actually  netted  a  profit 


Memoranda  on  Industrial  Education  885 

If  this  interest  in  the  training  of  employees  were  general,  the 
results  would  be  reflected  not  only  in  the  production  of  better 
trained  and  better  paid  men,  but  of  a  better  product  as  well. 


Statement  of  J.  Gr.  Spofford 

The  scale  of  wages  for  apprentices  in  this  school  on  the  co- 
operative basis,  i.  e.,  where  they  work  in  the  shop  one  week  and 
attend  the  school  the  following  week,  is  nine  cents  per  hour  for  the 
first  year,  eleven  and  one-quarter  cents  for  the  second  year,  four- 
teen and  one-quarter  cents  for  the  third  year  and  sixteen  cents 
for  the  fourth  year. 

The  pupils  receive  full  credit  on  their  apprenticeship  for  the 
time  they  are  in  the  school;  i.  e.,  the  pupils  attend  the  school 
thirty-five  hours  per  week  but  receive  a  full  week's  credit  at  the 
industry  or  forty-eight  hours  credit  for  the  thirty-five  hours 
attendance. 

I  should  state  that  a  minimum  wage  for  a  pupil  who  had  faith- 
fully attended  a  school  of  this  type,  should  be  not  less  than 
twenty-five  cents  per  hour  and  usually  would  recommend  a  scale 
from  thirty  to  thirty-seven  cents  per  hour  as  soon  as  the  period 
of  apprenticeship  is  completed. 

This,  however,  would  depend  upon  the  ability  of  the  boy  to 
make  good  in  the  industry.  I  would  also  recommend  that  for 
schools  running  on  the  full  time  basis;  i.  e.,  where  a  pupil  attends 
this  school  and  receives  shop  instruction  within  the  school,  under 
competent  mechanics,  that  such  pupils  should  receive  fifty  per 
cent,  credit  on  their  apprenticeship  for  the  time  put  in  in  the 
school;  i.  e.,  should  a  pupil  attend  the  school  on  the  full  time 
basis  for  a  period  of  two  years,  I  would  recommend  that  he  be 
given  credit  for  one  year  on  his  apprenticeship. 


Statement  of  Mary  Schenck  Woolman 

I  thoroughly  believe  in  the  minimum  wage  for  women.     It 

will  render  industrial  education  even  more  necessary.     Women's 

wages  are  low  for  many  reasons  among  which  are  the  following: 

1.    As  most  of  the  women  are  untrained  they  crowd  into  the  un- 


886  Appendix  III 

skilled  industries  or  the  unskilled  parts  of  skilled  industries  and 
lower  wages,  as  the  demand  is  less  than  the  supply.  2.  They 
do  not  work  well  enough  to  deserve  good  wages  as  they  are  un- 
trained. 

In  preparing  (1902)  to  organize  the  Manhattan  Trade  School 
for  Girls  in  New  York,  I  studied  the  occupations  of  women  and 
the  wages  made  by  them.  After  the  school  was  running  we  fol- 
lowed up  all  who  left  the  school  to  know  the  wages  received  and 
the  result  of  the  training.  I  can  positively  state  that  the  right 
kind  of  industrial  education  for  women  will  result  in  higher 
wages  for  them  than  they  would  receive  as  unskilled  workers. 
The  wages  are  raised  because  the  trained  worker  is  doing  a  higher 
class  job,  because  she  is  more  continuously  employed  than  the 
untrained  worker.  The  trained  worker  can  secure  a  position  more 
readily  and  does  not  drift  from  place  to  place  as  the  unskilled  one 
does.  In  slack  seasons  the  unskilled  worker  is  the  first  to  be 
dropped.  As  you  know,  the  unskilled  (fourteen  to  fifteen  years  of 
age)  enter  the  market  with  a  wage  of  $2.50  to  $3.  The  following 
is  the  Manhattan  Trade  School  record.  The  girls  enter  the  school 
from  fourteen  to  sixteen  years  of  age  and  remain  from  six  months 
to  a  year: 

Manhattan  Trade  School,  1912-1913  — 

67  per  cent,  of  the  girls  were  placed  at  $5. 

20  per  cent,  of  the  girls  were  placed  at  $6. 

6  per  cent,  of  the  girls  were  placed  at  $7  or  above. 

7  per  cent,  at  less  than  $5. 

After  three  years  in  the  market  untrained  workers  usually 
rise  to  $5  or  $6,  but  the  trained  worker  has  frequently  risen  to 
$16,  and  larger  salaries  are  reported. 

As  I  shall  not  be  in  Boston  for  some  time  and  have  not  my 
records  with  me,  I  would  advise  you  to  write  to  Mrs.  Prince, 
Director  of  the  Salesmanship  Classes,  264  Boyleston  street,  Bos- 
ton, Mass.  She  has  the  exact  data  of  the  effect  in  the  wage  of 
girls  trained  for  salesmanship.  Miss  Hildreth,  Director  of  the 
Worcester,  Mass.,  Trade  School,  can  give  you  the  advance  there 
though  the  school  is  but  a  few  years  old.  The  Boston  Trade 
School  has  also  followed  up  its  graduates  and  Miss  Leadbetter, 


Memoranda  on  Industeial  Education  887 

tlie  principal,  can  show  the  good  effect  of  training  on  the  wage 
scale  of  the  worker  with  training. 

Industrial  education  for  girls  will  only  succeed  if  it  is  in  close 
relation  to  the  skilled  trades  of  the  locality  (which  are  taught  in 
the  school)  and  also  carefully  working  for  the  best  interests  of 
labor.  It  is  not  sufficient  to  teach  the  trades  only,  for  industrial 
intelligence  is  needed  by  the  worker  in  order  to  rise.  This  can 
be  gained  through  a  study  of  the  history  of  industry,  labor  con- 
ditions, arithmetic  of  the  trade,  the  design  required  in  specific 
occupations  and  the  duties  of  citizenship.  The  teachers  must 
have  ample  experience  in  the  trades  they  are  teaching,  but  also 
ability  to  instruct  and  should  have  a  lively  interest  in  industrial 
education. 


5.    NEW    YORK    STATE    FACTORY    INVESTIGATING 

COMMISSION 

Public  Hearing,  Monday,  May  18,  1914,  at  10:30  a.  m. 
Aldermanic  Chamber,  City  Hall,  New  York  City 

Ta  Consider  to  What  Extent  There  is  a  Duplicaticyn  of  Inspection 
of  Manufacturing  and  Mercantile  Establishments,  in  New  York 
City,  hy  Different  City  and  State  Departments,  and  What 
Remedies,  if  any.  Shall  Be  Adopted  Therefor. 

Shortly  after  the  creation  of  the  Factory  Commission  in  1911, 
the  question  of  duplication  of  inspections  in  New  York  City  was 
fully  discussed  before  it,  and  the  question  of  a  remedy  received 
careful  consideration.  In  that  year  the  Commission  issued  a 
questionnaire  which,  among  others,  contained  the  following  ques- 
tions: 

Jurisdiction  Over  Factories  and  Manufacturing  Establish- 
ments IN  New  York  City 

1.  Should  there  be  a  Department  of  Labor  for  the  city  of 
New  York  and  one  for  the  rest  of  the  State? 

2.  Should  there  be  a  Bureau  of  Inspection  established 
whose  function  it  shall  be  to  inspect  factories  and  manufac- 
turing establishments  and  report  existing  conditions  to  the 
different  departments  charged  with  the  duty  of  enforcing  the 
provisions  of  the  law  on  the  subject;  the  Bureau  of  Inspec- 
tion to  report  the  facts  to  the  responsible  department,  the 
latter  to  secure  compliance  with  the  provisions  of  the  law 
applicable  to  the  condition  reported  ? 

3.  Should  there  be  a  new  department  established  for  the 
city  of  New  York  to  have  exclusive  jurisdiction  over  all 
factories  and  manufacturing  establishments  other  than  those 
carried  on  in  tenement  houses  (the  new  department  to  pos- 
sess all  the  powers  which  are  now  held  by  the  State  Labor 
Department  in  the  city  of  New  York,  the  Building,  Fire  and 

[888] 


Consolidation  of  Departments  889 

Health  Departments  of  the  city  with  reference  to  factories 
and  manufacturing  establishments)  ? 

4.  What  bureaus  should  be  established  in  such  new  de- 
partment ; 

5.  What  suggestions  have  you  tending  to  lessen  or  do  away 
with  the  duplication  of  inspections  in  the  city  of  New  York 
by  various  city  and  State  departments? 

6.  What  other  suggestions  have  you  which  would  tend  to 
centralize  the  authority  and  responsibility  for  the  enforce- 
ment of  the  laws  relating  to  factories  and  manufacturing  es- 
tablishments in  the  city  of  New  York  ? 

In  response  to  this  questionnaire  we  received  various  written 
statements  and  we  held  a  number  of  public  hearings  at  which  this 
subject  was  discussed.  Practically  all  those  who  appeared  be- 
fore the  Commission  in  person  or  who  submitted  written  state- 
ments, were  opposed  to  the  establishment  of  a  Board  of  Inspec- 
tion, as  suggested  by  question  2,  or  the  establishment  of  a  new  De^ 
partment,  as  suggested  by  question  3.  Among  them  were  Seth 
Low,  Robert  W.  De  Forest,  Raymond  B.  Fosdick,  Tenement 
House  Commissioner  Murphy,  Lawrence  Veiller,  Samuel  McOune 
Lindsay  and  others. 

It  has  lately  been  urged  —  as  though  it  were  a  proposition  sug- 
gested for  the  first  time  —  that  there  should  be  a  separate  Bureau 
or  Board  of  Inspection  for  all  the  departments  making  inspec- 
tions in  New  York  City  exactly  along  the  lines  of  questions  2  and 
3  above  stated.  It  may  be  that  conditions  have  changed  in  the 
three  years  so  that  it  is  possible  now  to  create  one  Bureau,  which 
no  one  thought  practical  at  that  time. 

In  order  that  the  public  interested  may  be  fully  heard  on  the 
subject  and  that  the  'Commission,  if  it  is  advisable,  may  recom- 
mend some  change  in  method,  it  has  been  decided  to  hold  a  public 
hearing  upon  the  subject. 

The  questions  before  outlined  will  be  considered,  and  in  addi- 
tion the  following  question  will  be  taken  up : 

7.  Shall  there  be  a  permanent  conference  board  of  the 
heads  of  city  and  State  departments  making  inspections  of 
buildings  in  New  York  City,  which  shall  meet  at  regular  in- 


890  Appendix  III 

tervals,  the  object  of  which  shall  be  to  reduce  by  working 
agreement  the  multiplicity  of  inspections,  so  far  as  that  is 
possible  and  desirable,  and  to  prevent  the  issuance  of  conflict- 
ing orders  against  the  same  premises  ? 

It  has  frequently  been  stated  that  in  many  instances  conflict- 
ing orders  as  to  the  same  identical  work  have  been  issued  by 
different  departments  of  the  city  of  State.  The  Commission 
would  like  to  have  specific  instances  of  this,  so  as  to  ascertain 
where  the  fault  lies,  and  requests  that  this  information  be  sent 
as  early  as  possible  to  its  office,  at  170  Broadway,  'New  York  City. 

Everyone  interested  in  this  matter  is  invited  to  attend  the 
public  hearing  and  to  present  his  views  on  the  subject  under  con- 
sideration. 


Consolidation  of  Depaktments  891 


INFORMAL  CONFERENCE  CALLED  BY  NEW  YORK 
STATE  FACTORY  INVESTIGATING  COMMISSION, 
MAY  27,  1914 

To  Consider  What  Legislation,  if  any,  is  Required  and  What 
Other  Action  Shall  Be  Taken  with  Reference  to  the  Inspections 
of  Buildings  in  New  York  City  hy  Different  City  and  State 
Departments. 

So  that  you  may  consider  in  advance  some  of  the  subjects  to  be 
discussed  the  following  are  submitted: 

Questions  Submitted  for  Consideration 

1.  Shall  the  Fire  Prevention  Bureau  be  given  complete  juris- 
diction over  all  matters  relating  to  the  fire  hazard  in  factory 
buildings  in  New  York  City  ? 

(At  present  this  jurisdiction  is  divided  between  the  State 
Labor  Department  and  the  Fire  Department,  the  former 
having  jurisdiction  over  exit  facilities,  the  latter  having 
jurisdiction  over  five  prevention  and  fire  extinguishing  ap- 
paratus. ) 

2.  Shall  the  fire  department  be  given  jurisdiction  over  the  in- 
spection of  boilers  in  all  buildings? 

(At  present  this  work  is  done  by  the  Bureau  of  Boiler 
Inspection  of  the  Police  Department.) 

3.  Shall  the  Bureau  of  Buildings  be  made  a  bureau  of  the  fire 
department  instead  of  a  bureau  of  the  borough  president's  office  ? 

4.  If  number  3  is  not  advisable,  what  shall  be  done  to  do  away 
with  the  conflicting  requirements,  if  any  (particularly  for  new 
building  and  alteration  plans),  of  the  Bureau  of  Buildings,  the 
Fire  Department  and  State  Labor  Department  ? 

5.  'Shall  there  be  a  permanent  public  welfare  council  authorized 
by  the  Legislature,  made  up  of  the  heads  of  the  city  and  State 
departments,  which  inspect  buildings  in  New  York  City,  to  meet 
periodically  and  to  confer  on  the  requirements  of  the  different  de- 
partments so  as  to  avoid  conflicting  orders,  etc.  ? 


892  Appendix  III 


TENTATIVE  PLAN 

Submitted  by  the  New  York  State  Factory  Investigating 
Commission  with  Reference  to  the  Inspection  of  Build- 
ings IN  New  York  City  by  Different  City  and  State  De- 
partments 

Create  a  new  department  for  the  City  of  New  York  to  be  known 
as  the  Department  of  Buildings,  the  head  of  which  shall  be  the 
Commissioner  of  Buildings  who  shall  be  appointed  by  the  Mayor. 
The  jurisdiction  of  this  department  shall  extend  over  the  entire 
city. 

The  Department  of  Buildings  shall  have  sole  and  exclusive 
jurisdiction  over  the  construction  and  alteration  of  all  buildings 
and  any  structural  changes  therein  (including  factories  and 
mercantile  establishments).  There  shall  also  be  concentrated  in 
this  new  department,  so  far  as  practicable,  jurisdiction  over  mat- 
ters relating  to  the  proper  maintenance  of  these  buildings. 

This  will  involve  the  consolidation  of  the  following  departments 
and  bureaus  and  the  transfer  of  their  entire  jurisdiction  to  the 
new  Department  of  Buildings. 

1.  The  Bureau  of  Buildings  of  each  borough. 

2.  The  Tenement  House  Department. 

3.  Bureau  of  Fire  Prevention  of  the  Fire  Department. 

4.  Bureau  of  Boiler  Inspection  of  the  Police  Department. 

There  shall  also  be  transferred  to  this  new  Department  of 
Buildings  the  jurisdiction  now  exercised  by  different  city  and 
State  departments  as  follows : 

5.  State  Department  of  Labor  —  in  so  far  as  it  relates  to  the 
construction  and  alteration  of  factory  buildings  and  mercantile 
establishments  and  any  structural  changes  therein. 

6.  Health  Department  of  New  York  City  —  in  so  far  as  it  re- 
lates to  structural  changes  in  bakeries  and  food  product  manu- 
factories. 

7.  Department  of  Water  Supply,  Gas  and  Electricity  —  in  so 
far  as  it  relates  to  the  inspection  of  electrical  wiring  and  equip- 
ment in  buildings. 


Consolidation  of  Departments  893 

This  proposed  plan  concentrates  in  one  department  control  over 
all  matters  relating  to  the  construction  of  new  buildings  and 
alterations  of  existing  buildings  and  does  away  with  needless 
multiplicity  of  inspections  so  far  as  the  maintenance  of  those 
buildings  is  concerned.  It  covers  all  buildings  and  industrial 
establishments,  including  factories,  mercantile  establishments, 
tenement  houses,  etc.  Plans  for  construction  and  alteration  of 
buildings  need  be  filed  with  this  department  only.  The  separate 
building  bureaus  for  each  borough  are  to  be  consolidated  into  thia 
one  department  to  cover  the  entire  city. 

No  attempt  has  been  made  in  this  brief  outline  to  describe  with 
any  detail,  how  the  proposed  Department  of  Buildings  is  to  be 
organized.  These  details  may  be  readily  furnished  as  soon  as  the 
general  plan  has  been  decided  upon. 

Note  :  This  plan  does  not  involve  the  creation  of  an  additional 
city  department.  It  simply  provides  for  consolidating  several 
existing  departments  and  bureaus  in  one  new  department. 

Dated  New  York,  AugTist  3,  1914. 


894  Appendix  III 

FIRST  DRAFT  OF  A  TENTATIVE  BILL 

Peeface 

The  following  is  the  first  draft  of  a  tentative  bill  for  the  consoli- 
dation of  departments  and  bureaus  having  jurisdiction  over  the  construc- 
tion and  alteration  of  buildings  in  New  York  city.  This  draft 
embodies  in  concrete  bill  form  the  proposals  outlined  in  the  tentative 
plan  submitted  by  the  Commission  last  August,  which  may  be  briefly 
summarized  as  follows: 

"  Create  a  new  department  for  the  city  of  New  York  to  ■  be 
known  as  the  department  of  buildings,  the  head  of  which  shall  be 
the  commissioner  of  buildings  who  shall  be  appointed  by  the 
mayor.  The  jurisdiction  of  this  department  shall  extend  over  the 
entire  city. 

"  The  department  of  buildings  shall  have  sole  and  exclusive 
jurisdiction  over  the  construction  and  alteration  of  all  buildings 
and  any  structural  changes  therein  (including  factories  and 
mercantile  establishments).  There  shall  also  be  concentrated  in 
this  new  department,  so  far  as  practicable,  jurisdiction  over 
matters  relating  to  the  proper  maintenance  of  these  buildings. 

"  This  will  involve  the  consolidation  of  the  following  depart- 
ments and  bureaus  and  the  transfer  of  their  entire  jurisdiction  to 
the  new  department  of  buildings. 

"  1.  The  bureau  of  buildings  of  each  borough. 

"  2.  The  tenement  house  department. 

"  3.  Bureau  of  fire  prevention  of  the  fire  department 

"  4.  Bureau  of  boiler  inspection  of  the  police  department 

"  There  shall  also  be  transferred  to  this  new  department  of 
buildings  the  jurisdiction  now  exercised  by  different  city  and 
state  departments  as  follows: 

"  5.  State  department  of  labor  —  in  so  far  as  it  relates  to  the 
construction  and  alteration  of  factory  buildings  and  mercantile 
establishments  and  any  structural  changes  therein. 

"  6.  Health  department  of  New  York  city  —  in  so  far  as  it 
relates  to  structural  changes  in  bakeries  and  food  product  manu- 
factories. 

"  7.  Department  of  water  supply,  gas  and  electricity  —  in  so 
far  as  it  relates  to  the  inspection  of  electrical  wiring  and  equip- 
ment in  buildings." 


Consolidation  of  Depaktments  895 

We  have  not  included  in  this  draft  the  amendments  to  and  repeal 
of  existing  provisions  of  the  charter  and  other  laws,  necessitated  by 
the  proposed  consolidation  of  departments.  Those  will  of  course  be 
taken  care  of. 

It  is  probable  also  that  an  amendment  to  the  charter  will  be  neces- 
sary to  provide  for  complete  co-operation  between  the  new  Department 
of  Buildings  and  the  Division  of  Fire  Marshal,  which  under  the  plan, 
is  to  remain  in  the  fire  department. 

The  suggestion  has  been  made  that  there  should  be  transferred  to 
the  new  department,  the  jurisdiction  now  exercised  by  the  Borough 
President  for  the  granting  of  vault  permits.  That  has  not  been  in- 
corporated in  the  tentative  bill,  but  is  submitted  for  consideration. 
The  Commission  has  not  approved  this  tentative  draft  in  form  or  in 
substance,  and  it  is  issued  solely  for  the  purpose  of  obtaining  criticisms 
and  suggestions  from  those  interested. 

Note. —  The  tentative  hill  covers  the  consolidation  of  all  of  the 
departments  and  bureaus  outlined  in  the  plan  previously  submitted  by 
the  Commission.  If  it  is  proposed  to  omit  any  department  from  that 
plan,  for  example,  the  Tenement  Hou^e  Department,  the  tentative  bill 
may  readily  be  changed  accordingly. 

Dated  N"ew  York,  November  2,  1914. 


A.N  ACT 

10  amend  the  Greater  New  York  charter,  in  relation  to  creating 
a  building  department  and  prescribing  its  powers  and  duties; 
creating  a  board  of  standards  and  appeals  and  prescribing  its 
powers  and  duties  and  amending  or  repealing  certain  pro- 
visions affected  or  superseded  by  this  act. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  The  Greater  New  York  charter,  as  re-enacted  by 
chapter  four  hundred  and  sixty-six  of  the  laws  of  nineteen  hun- 
dred and  one,  is  hereby  amended  by  inserting  therein  a  new 
chapter,  to  be  chapter  nineteen-a  thereof,  to  read  as  follows : 

CHAPTER  XIX-A. 
Department  of  Buildings  ;  Board  of  Standards  and  Appeals. 

Title  1.  Organization  and  jurisdiction  of  department  of  build- 
ings. 

2.  Orders  of  department  of  buildings;    actions    and    pro- 

ceedings. 

3.  Board  of  standards  and  appeals. 

4.  Tenement  house  provisions. 

5.  General  provisions. 

TITLE    1. 
Obqanization  and  Jubisdiction  of  Depabtment  of  Buildings. 

Section     1.  Definitions. 

2.  Department  of  buildings;  commissioner  of  buildings. 

3.  Deputies;  secretary;  chief  inspectors. 

4.  Inspectors  and  other  subordinates. 

5.  Bureaus. 

6.  Offices. 

7.  Seal;  judicial  notice. 

8.  Uniforms  and  badges. 

9.  Officers  and  employees  forbidden  to  engage  in  cer- 

tain occupations,  trades  or  business. 
10.  Gratuities. 


Consolidation  of  -Departments  897 

11.  Punishment  of  employees. 

12.  Falsely  personating  an  officer. 

13.  Soliciting  or  receiving  bribes. 

14.  Liability  for  official  acts. 

15.  Rules  and  regulations. 

16.  Taking  proof  and  testimony. 

17.  Right  of  entry. 

18.  Co-operation  of  other  departments. 

19.  Annual  report. 

20.  Jurisdiction  of  department. 

Section  1.  Definitions.  As  used  in  this  chapter :  1.  The  term 
"  department "  means  the  department  of  buildings ; 

2.  The  term  "  commissioner "  means  the  commissioner  of 
buildings ; 

3.  The  term  "  tenement  house "  means  a  tenement  house  as 
defined  by  the  tenement  house  law; 

4.  The  terms  "  factory,"  "  factory  building  "  and  "  mercantile 
establishment "  mean  a  factory,  factory  building  or  mercantile  es- 
tablishment, as  defined  by  the  labor  law. 

§  2.  Department  of  building;  commissioner  of  buildings. 
There  is  hereby  established  a  department  of  buildings  with  juris- 
diction throughout  the  city.  The  head  of  the  department  shall  be 
the  commissioner  of  buildings.  He  shall  be  appointed  by  the 
mayor  for  a  term  to  expire  with  the  term  of  the  mayor  by  whom 
he  shall  have  been  appointed.  The  salary  of  the  commissioner 
of  buildings  shall  be thousand  dollars  a  year. 

§  3.  Deputies;  secretary;  chief  inspectors.  The  commissioner 
of  buildings  shall  appoint  two  deputies,  one  of  whom  must  be  an 
architect,  builder  or  engineer  of  at  least  ten  years'  experience. 
The  salary  of  each  of  such  deputies  shall  be  thou- 
sand dollars  a  year.     The  commissioner  shall  appoint  a  secretar\ 

whose  salary  shall  be   thousand  dollars  a  year. 

He  shall  also  appoint  a  chief  inspector  of  buildings  for  each 
borough,  who  shall  be  an  architect,  builder  or  engineer  of  at  least 
five  years'  experience,  and  be,  in  charge  of  the  branch  office  of  the 
department  established  in  the  borough  for  which  he  shall  have 
been  appointed.  The  salary  of  each  chief  inspector  of  buildings 
shall  be thousand  dollars  a  year. 

§  4.  Inspectors  and  other  subordinates.  The  commissioner  of 
buildings  may  also,  subject  to  the  civil  service  law,  appoint  and 
Vol.  1  —  29 


898  Appendix  III 

remove  inspectors  and  such  other  officers  and  employees  as  may  be 
needed.  The  officers  and  employees  of  the  department  shall  be 
subject  to  the  supervision  and  control  of  the  commissioner  and 
perform  such  duties  as  are  assigned  to  them.  (See  §§  406,  1329, 
charter.) 

§  5.  Bureaus.  The  commissioner  of  buildings  may  establish 
in  the  department  such  bureaus  and  divisions  as  he  deems  advis- 
able. The  bureaus  or  divisions  now  established  in  the  fire  depart- 
ment having  jurisdiction  of  fire  prevention,  and  the  bureaus  or 
divisions  in  the  tenement  house  department,  the  functions  and 
duties  of  which  are  transferred  by  this  chapter  to  the  department 
of  buildings,  shall  continue  as  bureaus  or  divisions  of  the  depart- 
ment of  buildings  until  otherwise  provided  by  the  commissioner  of 
buildings. 

(Should  this  bill  outline  the  bureaus  of  the  department  or 
should  the  head  of  the  department  be  given  the  wide  discretion 
conferred  by  this  section?  Should  the  minimum  number  of  in- 
spectors, etc.,  be  specified  or  left  to  the  board  of  estimate  and  the 
head  of  the  department?) 

§  6.  Offices.  The  central  office  of  the  department  shall  be  in 
the  borough  of  Manhattan.  There  shall  be  a  branch  office  of  the 
department  in  each  other  borough. 

§  7.  Seal;  judicial  notice.  The  commissioner  may  adopt  a  seal 
for  the  department  and  cause  the  same  to  be  used  in  the  authenti- 
cation of  its  orders  and  proceedings  and  for  such  other  purposes  as 
he  may  prescribe.  The  court  shall  take  judicial  notice  of  such 
seal  and  of  the  signatures  of  the  commissioner  and  deputy  com- 
missioners of  the  department.     (See  §  1332,  charter.) 

§  8.  Tlniforms  and  badges.  The  commissioner  shall  adopt  a 
suitable  uniform  to  be  worn  by  inspectors  of  the  department.  He 
may  also  provide  a  metallic  badge,  with  a  suitable  inscription,  and 
require  it  to  be  worn  by  the  inspectors  and  officers  of  the  depart- 
ment.    (See  §  1335,  charter.) 

§  9.  Officers  and  employees  forbidden  to  engage  in  certain  occu- 
pations, trades  or  business.  An  officer  or  employee  of  the  depart- 
ment shall  not  engage  as  principal,  agent,  employee  or  stockholder 
in  the  business  of  an  architect,  civil  engineer,  carpenter,  plumber, 
iron  worker,  mason  or  builder,  or  in  the  manufacture  or  sale  of 
articles  used  in  the  construction  of  buildings,  automatic  sprinklers 
or  fire  extinguishing,  fire  protection  or  fire  prevention  devices. 
(See  §  406,  charter.) 


Consolidation  of  Departments  899 

§  10.  Gratuities.  An  officer  or  employee  of  the  department 
shall  not,  directly  or  indirectly,  in  addition  to  his  regular  salary 
or  compensation,  receive  for  his  own  benefit  any  present,  gift  or 
emolument  for  services  affecting  the  vyork  of  the  department, 
rendered  by  himself,  by  the  department,  or  an  officer  or  employee 

thereof. 

§  11.  Punishment  of  employees.  The  commissioner  of  build- 
ings may  punish  any  employee,  for  neglect  of  duty,  or  omission  to 
properly  perform  his  duty,  for  violation  of  rules  or  regulations, 
or  neglect  or  disobedience  of  orders,  or  incapacity,  or  absence  with- 
out leave,  by  forfeiting  and  withholding  pay  for  a  specified  time, 
or  by  suspension  from  duty,  with  or  without  pay,  not  exceeding 
thirty  days.     (See  §§  406,  1331,  charter.) 

§  12.  Falsely  personating  an  officer.  Any  person,  not  an  officer, 
inspector  or  employee  of  the  department,  or  acting  under  its  au- 
thority, who  falsely  represents  himself  as  such,  or  who  uses  or, 
without  authority,  wears  or  displays  a  shield  or  other  insignia  or 
emblem  such  as  is  worn  by  such  an  officer,  inspector  or  employee, 
shall  be  guilty  of  a  misdemeanor.     (See  §  1344-g,  charter.) 

§  13.  Soliciting  or  receiving  bribes.  An  officer  or  employee  of 
the  department  or  a  police  officer  detailed  thereto,  who  shall  ask, 
solicit,  accept  or  receive  any  money  or  other  compensation  for  en- 
forcing, modifying  or  changing  any  order,  rule  or  regulation  of 
the  department,  shall  be  guilty  of  a  felony.     (See  §  406,  charter.) 

§  14.  Liability  for  official  acts.  An  officer  or  employee  of  the 
department  shall  not  be  liable  for  any  act  done  or  omitted  in  good 
faith  and  with  ordinary  discretion,  within  the  scope  of  his  official 
duties,  in  executing  the  provisions  of  this  chapter.  If  property  be 
unjustly  or  illegally  destroyed  or  injured  by  such  act  or  omission 
for  which  no  such  liability  exists  on  the  part  of  such  officer  or 
employee,  an  action  may  be  maintained  against  the  city  for  the 
recovery  of  actual  damages  by  the  person  aggrieved.  (See 
§  1344-a,  charter.) 

§  15.  Rules  and  regulations.  The  commissioner  of  buildings 
may  make,  amend  or  repeal  administrative  rules  and  regulations 
for  the  conduct  of  business,  and  the  duties  and  discipline  of  the 
subordinates  in  the  department  of  buildings.    (See  §  406,  charter.) 

§  16.  Taking  proof  and  testimony.  The  commissioner  of  build- 
ings, a  deputy  commissioner,  or  such  other  person  as  the  commis- 
sioner may  designate,  may  take  proof  and  testimony  in  relation 
to  any  matter  arising  in  connection  with  the  performance  of  any 


900  Appendix  III 

of  the  duties  of  the  department  of  buildings,  and  for  such  purpose 
shall  have  all  the  powers  of  a  person  authorized  to  take  and  hear 
testimony,  as  provided  by  section  eight  hundred  and  forty-three  of 
the  civil  code,  and  of  a  person  authorized  by  law  to  hear,  try  and 
determine  a  matter  in  relation  to  which  proof  may  be  taken,  as 
provided  in  section  eight  hundred  and  fifty-four  of  the  civil  code. 
(See  §  1337,  charter.) 

§  17.  Right  of  entry.  A  commissioner,  a  deputy  commissioner, 
a  chief  inspector,  an  inspector,  or  an  authorized  employee  of  the 
department  may  enter,  examine  and  inspect  a  building,  structure, 
enclosure,  vessel,  place  or  premises,  or  part  thereof,  or  thing 
therein  or  attached  thereto,  at  any  reasonable  hour,  but  between 
sunset  and  sunrise,  such  entry  shall  not  be  made  by  a  person  other 
than  the  commissioner,  a  deputy  commissioner  or  a  chief  inspector, 
without  a  written  permit  of  the  commissioner,  a  deputy  commis- 
sioner or  chief  inspector  specifying  the  reasons  therefor,  which 
permit  shall  be  first  exhibited  to  and  a  copy  served  upon  the  occu- 
pant if  any,  of  the  building,  structure,  enclosure,  vessel,  place  or 
premises  or  part  thereof,  to  be  entered  and  examined.  (See  § 
1344-c,  charter,  and  §  775  as  amended  by  chapter  459,  Laws  of 
1914.) 

§  18.  Co-operation  of  other  departments.  Each  department, 
board,  body  and  ofiicer  of  the  city  shall  furnish  to  the  department 
such  information,  reports  and  assistance  as  may  be  required.  (See 
§  1344-m,  charter.) 

§  19.  Annual  report.  The  commissioner  of  buildings  shall, 
prior  to  the  first  day  of  March,  make  an  annual  report  to  the 
mayor  of  the  operations  of  the  department  for  the  year  ending  on 
the  preceding  thirty-first  day  of  December.  A  copy  shall  be  de- 
livered to  the  supervisor  of  the  city  record  and  be  published  in 
full  and  in  pamphlet  form.     (See  §  1333,  charter.) 

§  20.  Jurisdiction  of  department.  The  department  shall  within 
the  city  have  exclusive  jurisdiction  and  control  of: 

1.  The  construction,  alteration  and  removal  of  all  buildings 
and  other  structures,  completed  or  in  the  course  of  construction, 
except  water  front  property,  bridges,  tunnels,  subways  and  build- 
ings and  structures  appurtenant  thereto,  and  the  enforcement  of 
laws  and  ordinances  in  respect  thereof.  (See  §  406,  charter  and 
building  code.) 

2.  The  enforcement  of  the  provisions  of  the  labor  law  in  respect 
of  the  construction  or  changes  in  the  construction  of  factories, 
factory  buildings  and  mercantile  establishments  and  the  adequacy 


Consolidation  of  Departments  901 

of  exit  therefrom  and  the  limitation  of  the  number  of  occupants 
therein.     (See  Labor  Law,  §  79,  et  seq.) 

3.  The  enforcement  of  the  tenement  house  law,  the  prevention 
of  encumbrances  on  fire  escapes  upon  tenement  houses,  and  the 
lighting  and  ventilation  of  tenement  houses,  and  the  premises 
connected  therewith.     (See  §§  1340-1341,  charter.) 

4.  The  installation,  inspection  and  approval  of  all  gas  and 
electric  equipment,  apparatus  and  appliances  placed  in  any  build- 
ing or  structure,  to  the  extent  that  such  jurisdiction  and  control 
is  conferred  by  statute  or  ordinance  upon  the  department  of  water 
supply,  gas  and  electricity,  but  not  including  the  installation,  in- 
spection and  testing  of  gas  and  electric  meters,  and  the  enforcement 
of  such  statutes  and  ordinances.     (See  §§  469,  519,  charter.) 

5.  Structural  changes  in  bakeries,  confectioneries  and  food  pro- 
duct manufactories  to  the  extent  that  jurisdiction  and  control  to 
order  such  changes  is  conferred  by  statute  or  by  ordinance  upon  the 
health  department  and  the  enforcement  of  such  statutes  and  ordi- 
nances,    (See  Labor  Law,  article  VIII.) 

6.  The  inspection,  testing  and  issuance  of  license  certificates 
for  steam  boilers,  and  the  issuance  of  certificates  of  qualification 
for  the  care  and  control  of  steam  boilers,  to  the  extent  that  juris- 
diction and  control  thereof  is  conferred  by  statute  or  ordinance 
upon  the  police  department  and  the  enforcement  of  such  statutes 
and  ordinances.  (See  §§  342,  343,  charter  and  Laws  1901,  chap- 
ter T33.) 

7.  The  enforcement  of  all  laws  and  ordinances  in  respect  of : 

a.  The  prevention  of  fires  and  danger  to  and  loss  of  life  and 
property  therefrom. 

b.  The  storage,  sale,  transportation  or  use  of  combustibles, 
chemicals  and  explosives. 

c.  The  installation  and  maintenance  of  automatic  or  other  fire 
alarm  systems  and  fire  extinguishing  equipment. 

d.  The  means  and  adequacy  of  exit  in  case  of  fire  in  and  from 
all  buildings,  structures,  enclosures,  vessels,*  places  and  premises 
in  which  numbers  of  persons  work,  live  or  congregate,  from  time  to 
time,  for  any  purpose.  (See  §  774,  charter,  as  amended  by  L. 
1914,  ch.  459.) 

8.  The  enforcement  of  the  rules  and  regulations  of  the  board 
of  standards  and  appeals. 

*  Jurisdiction  over  vessels  miglit  properly  be  retained  by  the  Fire  Depart- 
ment. In  this  first  draft  practically  the  entire  jurisdiction  of  the  Bureau  of 
Fire  Prevention  except  the  Division  of  Fire  Marshal  has  been  transferred  to 
the  new  department. 


902  Appendix  III 

(What  provision,  if  any,  should  be  made  for  possible  conflict  of 

jurisdiction  ?) 

TITLE    2. 

Obdebs  of  Department  of  Buildings;  Actions  and  Pboceedings. 

Section  21.  Orders  of  commissioner. 

22.  Department  orders  and  notices ;  service. 

23.  Transmitting  orders  and  notices  to  owners. 

24.  Enforcement  of  orders. 

,     25.  Lien  for  expense  of  executing  orders;  enforcement. 

26.  Personal  liability  for  expenses. 

27.  Expenses  lien  on  rents. 

28.  Suit  for  expenses;  contribution. 

29.  Records  of  the  department;  searches. 

30.  Violation  of  orders;  penalty. 

31.  Actions  and  proceedings  to  be  brought  in  the  name 

of  the  department;  penalties. 

32.  Suits  to  abate  nuisances. 

33.  Injunction,  when  to  be  granted  against  the  depart- 

ment. 

§  21.  Orders  of  commissioner.  The  commissioner  of  buildings 
shall:  1.  Order  the  alteration,  repair  or  equipment  of  a  build- 
ing or  structure  or  part  thereof,  to  confonn  to  a  statute,  ordinance, 
rule  or  regulation; 

2.  Order  the  destruction  or  removal  of  a  building  or  structure 
which  by  reason  of  structural  defects  is,  in  his  judgment,  danger- 
ous to  life; 

3.  Declare  a  tenement  house,  or  a  building,  structure,  excava- 
tion, business,  trade,  matter  or  thing  in  or  about  a  tenement  house 
or  the  lot  on  which  it  is  situated,  or  the  plumbing,  sewerage,  drain- 
age, lighting  or  ventilation  thereof,  which,  in  the  opinion  of  the 
commissioner  is  in  condition  or  effect  dangerous  or  detrimental  to 
life  or  health,  to  be  a  public  nuisance  to  the  extent  he  may  specify, 
and  order  the  same  to  be  removed,  abated,  suspended,  altered,  im- 
proved or  purified  as  specified  in  the  order ; 

4.  Order  vacated  a  tenement  house  or  any  part  thereof  infected 
with  contagious  disease; 

5.  Order  the  remedying  of  any  condition  in,  or  about  any  build- 
ing, structure,  enclosure,  vessel,  place  or  premises,  in  violation  of 
law  or  ordinance  or  rule  or  regulation  in  respect  of  fire  or  of  the 
prevention  of  fires; 


■Consolidation  of  Departments  903 

6.  Order  the  installation  as  prescribed  'by  law  or  ordinance  or 
by  rule  or  regulation  in  any  building,  structure,  enclosure,  vessel, 
place  or  pretoises  of  automatic  or  other  fire  alarm  systems  or  fire 
extinguishing  equipment,  and  the  maintenance  and  repair  thereof ; 
or  the  construction  as  so  prescribed  of  adequate  and  safe  means  of 
exit  from  a  building,  structure,  enclosure,  vessel,  place  or 
premises ; 

7.  Order  any  building,  structure,  enclosure,  vessel,  place  or 
premises  which,  in  the  opinion  of  the  commissioner,  is  inade- 
quately protected  against  fire  perils,  to  be  vacated  or  be  condemned 
or  removed; 

8.  Declare  a  building,  structure,  enclosure,  vessel,  place  or 
premises,  which  by  reason  of  the  nature  or  condition  of  its  con- 
tents or  its  use  or  the  overcrowding  at  any  time  of  persons  therein, 
or  defect  in  its  construction,  or  deficiencies  in  the  fire  alarm  or 
fire  extinguishing  equipment  as  may  be  required  for  on  or  in 
such  building,  structure,  enclosure,  vessel,  place  or  premises  by 
law  or  ordinance  or  rule  or  regulation,  is  perilous  to  life  or  prop- 
erty in,  against,  therein,  thereon  or  adjacent  thereto,  to  be  a  pub- 
lic nuisance,  to  the  extent  that  he  may  specify,  and  order  the  same 
abated.  (See  §  Y76,  charter,  as  amended  by  chapter  458,  Laws 
1914.) 

9.  Order  a  vessel  moored  to  or  anchored  near  a  dock-  or  pier  in 
the  city  to  be  removed  to  and  secured  at  such  place  in  the  harbor 
as  shall  be  designated  by  the  commissioner,  if  such  vessel  be  on 
fire  or  in  danger  of  catching  fire  or  if  by  reason  of  its  condition 
or  the  nature  of  its  cargo  a  menace  to  shipping  or  to  property  on 
the  water  front  of  the  city. 

10.  The  commissioner  of  buildings  shall  also  have  power  to 
issue  an  order  in  respect  of  any  subject  or  matter  jurisdiction 
whereof  is  conferred  by  statute,  ordinance,  rule  or  regulation, 
upon  the  department  of  buildings. 

§  22.  Department  orders  and  notices;  service.  Orders  and 
notices  shall  be  in  the  name  of  the  department  of  buildings,  exe- 
cuted by  the  commissioner,  a  deputy  commissioner,  or  chief  in- 
spector, and  addressed  to  the  owner,  lessee  or  occupant  of  the 
building,  structure,  enclosure,  vessel,  place  or  premises  affected 
thereby,  if  known,  and  otherwise  the  premises  shall  be  described 
in  the  order  so  as  to  be  readily  identified.  Service  of  the  order 
may  be  made  by  delivery  of  a  copy  to  an  owner  or  a  lessee  or  to  a 
person  of  suitable  age  and  discretion  in  charge,  or  apparently  in 


904  Appendix  III 

charge  of  the  building,  structure,  enclosure,  vessel,  place  or 
premises,  or  if  no  person  be  found  in  charge  thereof,  by  affixing  a 
copy  of  such  order  conspicuously  thereon.     (See  §  775,  charter.) 

§  23.  Transmitting  orders  and  notices  to  owners.  If  an  order 
or  notice  of  the  department  be  served  upon  or  given  to  a  lessee 
or  person  in  possession  or  charge  of  the  building,  structure,  en- 
closure, vessel,  place  or  premises  therein  described,  such  person 
shall  give  immediate  notice  to  the  owner  or  agent  thereof,  if  the 
same  be  known  to  him  personally,  if  such  owner  or  agent  be 
within  the  limits  of  the  city  of  ISTew  York  and  his  residence  be 
known  to  such  person ;  and  if  such  o\vner  or  agent  be  not  within 
such  city,  then  by  depositing  a  copy  of  such  order  or  notice  in 
any  post  office  in  the  city,  properly  enclosed  and  addressed  to 
such  owner  or  agent  at  his  place  of  residence,  if  known,  postage 
prepaid.  If  a  lessee  or  person  in  possession  or  charge  as  afore- 
said neglect  to  give  such  notice  as  herein  provided,  he  shall  be 
personally  liable  to  the  owner  or  owners  of  such  building  or  prem- 
ises for  damages  he  or  they  sustain  by  reason  of  such  neglect. 
(See  §  778-a,  charter,  as  added  by  chapter  899,  Laws  1911.) 

§  24.  Enforcement  of  orders.  Where  an  emergency  exists 
constituting  an  imminent  peril  to  life  or  health,  the  order  of  the 
department  may  require  immediate  compliance  therewith.  If 
the  order  be  not  so  complied  with  to  the  satisfaction  of  the  com- 
missioner, the  commissioner  may  forthwith  execute  such  order 
with  the  employees  and  equipment  of  the  department,  or  other- 
wise, as  the  commissioner  directs.  In  any  other  case,  if  an 
owner  or  lessee  served  with  an  order  of  the  department  refuse 
or  neglect  to  comply  therewith  within  the  time  specified  in  the 
order,  or  within  such  extended  time  as  the  commissioner  may 
allow,  the  commissioner  may  apply  to  the  supreme  court  at  a 
special  term,  without  notice,  for  an  order  either  authorizing  the 
commissioner  to  execute  the  order  of  the  department  with  its  own 
employees  and  equipment  or  otherwise  as  the  commissioner  may 
direct,  or  for  an  order  of  the  court  directing  the  commissioner 
to  vacate  the  building  or  premises  affected  by  the  order  of  the  de- 
partment, or  so  much  thereof  as  he  may  deem  necessary,  and 
prohibiting  and  enjoining  all  persons  from  using  or  occupying 
the  same  for  any  purpose  until  such  measures  are  taken  as  may  be 
required  'by  the  order  of  the  department.  The  court  may,  how- 
ever, instead  of  proceeding  summarily  grant  a  hearing  to  the  per- 
son affected,  upon  order  to  show  cause.     If  premises  be  vacated, 


Consolidation  of  Departments  905 

pursuant  to  this  section,  the  commissioner,  when  satisfied  that 
the  order  of  the  department  has  been  complied  with  or  that  tlie 
necessity  for  the  premises  remaining  vacant  no  longer  exists,  may 
declare  the  order  of  the  department  no  longer  operative  and  per- 
mit the  reoccupation  of  such  premises.  (See  charter,  §  778,  as 
added  by  chapter  899,  L.  1911.) 

§  25.  lien  for  expense  of  executing  orders;  enforcement.  The 
city  shall  have  a  lien  for  the  expenses  necessarily  incurred  by  the 
department  in  the  execution  of  an  order  thereof,  which  lien  shall 
be  upon  the  real  property  in  respect  to  which  the  expenses  shall 
have  been  incurred  and  shall  have  priority  over  all  other  liens  or 
incumbrances  except  taxes  and  assessments.  No  such  lien  shall  be 
valid  until  a  notice  containing  the  particulars  required  to  be 
stated  in  a  mechanic's  lien  and  that  the  expenses  had  been  in- 
curred pursuant  to  an  order  of  the  department  and  the  date  of 
such  order  shall  have  been  filed,  entered  and  indexed  in  the  office 
of  the  county  clerk  as  in  the  case  of  a  mechanic's  lien.  Such 
notice  when  filed  shall  have  the  same  force  and  effect  as  a  notice 
of  mechanic's  lien.  All  proceedings  with  reference  to  the  en- 
forcement and  discharge  of  such  lien  shall  be  followed  as  pro- 
vided by  law  for  a  mechanic's  lien  and  with  the  same  effect. 
Unless  proceedings  to  discharge  the  lien  be  commenced  within  six 
months  after  actual  notice  of  the  filing  thereof  by  the  party 
against  whose  property  a  lien  is  filed,  the  filing  shall  as  to  all  per- 
sons having  such  notice  become  conclusive  evidence  that  the 
amount  claimed  in  the  statement  is  due  and  a  lien  upon  the  prop- 
erty. Such  lien  shall  continue  for  a  period  of  four  years  from 
the  time  of  filing  unless  sooner  discharged.  If  within  said  period 
proceedings  be  commenced  to  enforce  the  lien,  it  shall  remain  a 
lien  until  the  final  termination  thereof. 

§  26.  Personal  liability  for  expenses.  The  expense  of  execut- 
ing an  order  of  the  department  shall  also  be  a  joint  and  several 
charge  against  each  of  the  owners  or  part  owners  and  each  of  the 
lessees  and  occupants  of  the  building,  structure,  enclosure,  vessel, 
place  or  premises  to  which  the  order  relates,  and  in  respect  of 
which  such  expenses  were  incurred,  and  also  against  every  person 
or  body  who  shall  by  law  contract  to  do  that  in  regard  to  such 
building,  structure,  enclosure,  vessel,  place  or  premises,  which 
such  order  requires.  (See  charter,  §  776-a,  as  added  by  ch.  899, 
L.  1911,  and  §  1341b.) 


906  Appendix  III 

§  27.  Expenses  lien  on  rents.  The  expense  of  executing  an 
order  of  the  department  shall  also  be  a  lien  on  all  rent  and  com- 
pensation due  or  to  grow  due,  for  the  use  of  any  building,  struc- 
ture, enclosure,  vessel,  place  or  premises,  or  part  thereof  to  which 
such  order  relates,  and  in  respect  of  which  such  expenses  were 
incurred.  (See  charter,  §  776-a,  as  added  by  ch.  899,  L.  1911, 
and  §  1341-b.) 

§  28.  Suit  for  expenses;  contribution.  One  or  more  of  the 
parties  liable  for  the  expense  of  executing  an  order  of  the  depart- 
ment may  be  made  party  or  parties  defendant  to  an  action  to  re- 
cover the  same;  and  any  of  the  persons  liable  for  such  expenses, 
but  not  made  parties  defendant  in  the  action  shall  be  liable  for 
contribution,  according  to  their  legal  or  equitable  obligation, 

§  29.  Records  of  the  department;  searches.  The  records  of 
the  department  of  buildings  shall  be  public  records.  Every  order 
or  notice  of  a  department  shall  be  indexed  against  the  real  prop- 
erty affected  thereby.  The  commissioner,  subject  to  such  regula- 
tions as  he  may  prescribe,  shall  cause  to  be  made  and  certified, 
searches  for  all  orders  and  notices  of  the  department  on  applica- 
tion of  persons  interested  in  real  property  affected  thereby,  or 
shall  permit  the  search  of  the  necessary  records  of  the  department 
to  be  made  by  such  persons. 

§  30.  Violation  of  orders;  penalty.  Any  person  who  shall  vio- 
late or  aid  or  abet  the  violation  of  any  order  of  the  department 
shall  be  guilty  of  a  misdemeanor,  and  also  shall  be  liable  to  a  civil 
penalty  of  two  hundred  and  fifty  dollars.     (See  §  1341-b,  charter.) 

§  31.  Actions  and  proceedings  to  be  brought  in  the  name  of 
department;  penalties.  All  actions  and  proceedings  relating  to 
matters  within  the  jurisdiction  of  the  department  for  the  enforce- 
ment of  the  provisions  of  this  chapter,  or  of  the  labor  law  or  the 
tenement  house  law,  or  of  any  ordinance,  rule  or  regulation,  shall 
be  brought  in  the  name  of  the  department  by  the  assistant  corpo- 
ration counsel  assigned  to  the  department;  and  all  penalties  re- 
covered shall  be  paid  to  him  and  accounted  for  and  paid  over  to 
the  commissioner,  with  a  statement  of  disbursements.  (See 
§  1344-c,  charter.) 

§  32.  Suits  to  abate  nuisances.  The  department  may  main- 
tain in  the  name  of  the  city  an  action  in  the  supreme  court  for 
the  abatement  of  a  nuisance,  declared  to  be  such  by  order  of  the 
department.  Costs  collected  in  such  action  shall  be  paid  into  the 
general  fund.     If,  pursuant  to  this  chapter,  an  order  be  made  by 


Consolidation  of  Departments  907 

the  commissioner  for  the  abatement  of  a  nuisance  and  the  com- 
missioner applies  to  the  supreme  court  at  a  special  term  for  the 
enforcement  thereof,  the  determination  of  such  application 
against  the  commissioner  shall  not  be  a  bar  to  an  action  under 
this  section ;  but  no  such  action  shall  be  taken  before  the  determi- 
nation of  such  summary  application  to  the  court. 

§  33.  Injunction,  when  to  be  granted  against  the  department, 
No  preliminary  injunction  shall  be  granted  against  the  depart- 
ment of  buildings  or  its  officers  except  by  the  supreme  court,  at  a 
special  term  thereof,  after  service  of  at  least  five  days'  notice  of 
the  motion  for  such  injunction,  together  v^ith  copies  of  the  papers 
upon  which  the  motion  for  such  injunction  is  to  be  made.  When- 
ever the  department  shall  seek  any  provisional  remedy  or  shall 
prosecute  an  appeal  it  shall  not  be  necessary,  before  obtaining  or 
prosecuting  the  same  to  give  an  undertaking. 

TITLE   3. 
Board  of  Standahds  and  Appeals. 

Section  34.  Board  of  standards  and  appeals. 

35.  Meetings  of  board. 

36.  Jurisdiction  of  board. 

3Y.  Adoption  of  rules  and  regulations. 

38.  Rules  and  regulations  continued  in  force  as  rules  and 

regulations  of  the  board. 

39.  Enforcement  of  rules  and  regulations. 

40.  Taking  proof  and  testimony. 

41.  Inspection  by  the  board. 

42.  Variations. 

43.  Appeals  to  board  of  standards  and  appeals. 

44.  Effect  of  appeal ;  hearing ;  decision. 

§  34.  Board  of  standards  and  appeals.  The  board  of  stand- 
ards and  appeals  is  hereby  established.  Such  board  shall  consist 
of  the  commissioner  of  buildings,  the  fire  commissioner  and  three 
other  persons  appointed  by  the  mayor.  In  making  such  appoint- 
ments the  mayor  shall  consider  nominations,  if  any,  made  to  him 
by  the  following  organizations:  The  New  York  Chapter  of 
American  Institute  of  Architects,  the  New  York  Board  of  Eire 
Underwriters,  the  Mechanics'  and  Traders'  Exchange,  the  Society 
of  Architectural  Iron  Manufacturers  and  the  Real  Estate  Owners 


908  Appendix  III 

and  Builders  Association.  The  terms  of  the  appointive  members 
of  the  board  first  appointed  shall  be  one,  two  and  three  years,  re- 
spectively, and  thereafter  each  appointive  member  shall  be  ap- 
pointed for  a  full  term  of  three  years.  The  commissioner  of 
buildings  shall  be  chairman  of  the  board.  The  board  shall  ap- 
point a  secretary.  The  salary  of  each  of  the  appointive  members 
of  the  board  shall  be dollars  a  year ;  the  salary  of  the  secre- 
tary shall  be dollars  a  year.  The  commissioner  of  build- 
ings shall  detail,  from  time  to  time,  to  the  assistance  of  the  board 
such  employees  of  the  building  department  as  may  be  needed. 
In  aid  of  its  work  the  board  may  employ  experts  for  special  and 
occasional  services,  and  employ  necessary  clerical  assistance,  when 
needed. 

§  35.  Meetings  of  board.  Stated  meetings  of  the  board  shall 
be  held  at  such  times  as  the  board  may  determine.  The  board 
shall  also  provide  for  the  calling  and  holding  of  special  meetings. 
All  meetings  of  the  board  shall  be  open  to  the  public.  The  board 
shall  keep  minutes  of  its  proceedings,  showing  the  vote  of  each 
member  upon  every  question,  and  records  of  its  examinations  and 
other  official  action. 

§  36.  Jurisdiction  of  board.  The  board  shall :  1.  Have  power 
to  make  investigations  concerning  all  matters  relating  to  the  en- 
forcement and  effect  of  the  provisions  of  this  chapter,  and  the 
rules  and  regulations  made  by  the  board  thereunder ; 

2.  Make,  amend  and  repeal  rules  and  regulations  for  carrying 
into  effect  the  provisions  of  this  chapter,  and  of  laws  or  ordinances 
in  respect  of  a  subject  or  matter  jurisdiction  whereof  is  conferred 
upon  the  department  of  buildings  by  this  chapter,  applying  such 
provisions  to  specific  conditions  and  prescribing  means  and 
methods  of  practice  to  effectuate  such  provisions; 

3.  Have  the  powers  of  the  industrial  lx)ard  of  the  labor  depart- 
ment under  the  labor  law  to  make,  amend  or  repeal  rules  and 
regulations  in  respect  of  factories,  factory  buildings  and  mer- 
cantile establishments  within  the  city  of  New  York,  exclusive  of 
such  industrial  board  to  the  extent  that  jurisdiction  thereof  is 
conferred  upon  the  department  of  buildings. 

4.  Have  power  to  permit  variations  from  law  or  ordinance,  or 
rules  or  regulation  of  the  board^  as  authorized  by  this  chapter; 

5.  Hear  appeals  from  a  decision  or  order  of  the  commissioner 
of  buildings,  as  provided  by  this  chapter. 


Consolidation  of  Depaktments  909 

§  37,  Adoption  of  rules  and  regulations.  At  least  three 
affirmative  votes  shall  be  necessary  to  the  adoption  of  any  rule 
or  regulation  by  the  board.  Before  any  rule  or  regulation  is 
adopted,  amended  or  repealed  by  the  board,  there  shall  be  a 
public  hearing  thereon,  notice  of  the  time  and  place  of  which 
shall  be  published  in  the  City  Record  at  least  ten  days  prior  to 
the  hearing.  Every  rule  and  regulation  and  every  act  of  the 
board  shall  be  promptly  published  in  the  City  Record.  The  rules 
and  regulations  and  amendments  and  changes  thereof  shall,  unless 
othervi^ise  prescribed  by  the  board,  take  effect  twenty  days  after 
the  publication  thereof. 

§  38.  Rules  and  regulations  continued  in  force  as  rules  and 
regulations  of  the  board.  The  rules  and  regulations  of  a  borough 
president  relating  to  the  construction,  alteration  or  removal  of 
buildings,  of  the  fire  department  respecting  fire  prevention,  of 
the  tenement  house  department  respecting  tenement  houses,  and  of 
the  industrial  board  of  the  state  labor  department  in  respect  of 
factories,  factory  buildings  and  mercantile  establishments,  and 
of  any  other  department,  board,  commission  or  office,  if  jurisdic- 
tion of  the  subject  matter  to  which  such  rules  or  regulations  relate 
be  vested  in  the  department  of  buildings  by  this  chapter,  shall 
continue  in  force  and  be  deemed  rules  and  regulations  of  the  board 
of  standards  and  appeals  until  amended  or  repealed.  The  corpo- 
ration counsel  shall  as  soon  as  practicable  after  this  chapter  takes 
effect  compile  for  the  use  of  the  board  a  copy  of  such  rules  and 
regulations  as  he  deems  continued  in  effect  by  this  chapter. 

§  39.  Enforcement  of  rules  and  regulations.  The  rules  and 
regulations  of  the  board  pursuant  to  the  provisions  of  this  chapter 
shall  be  enforced  in  the  same  manner  as  the  provisions  of  this 
chapter. 

§  40.  Taking  proof  and  testimony.  The  board  shall  have 
power  to  take  proof  and  testimony  in  relation  to  any  matter 
which  it  has  power  to  investigate,  and  for  such  purpose  shall  have 
all  the  powers  of  a  person  authorized  to  take  and  hear  testimony 
as  provided  by  section  eight  hundred  and  forty-three  of  the  civil 
code,  and  of  a  person  authorized  by  law  to  hear,  try  and  determine 
a  matter  in  relation  to  which  proof  may  be  taken  as  provided  in 
section  eight  hundred  and  fifty-four  of  the  civil  code. 

§  41.  Inspection  by  the  board.  Each  member  of  the  board  and 
the  secretary  shall  have  the*power  to  enter,  inspect  and  examine 
buildings  as  conferred  by  this  chapter  on  the  commissioner  of 
buildings. 


910  Appendix  III 

§  42.  Variations.  If,  in  the  opinion  of  the  board,  there  shall 
be  practical  difficulties  ii.  carrying  out  the  strict  letter  of  a  statute 
or  ordinance,  rule  or  regulation,  relating  to  the  construction, 
alteration  or  removal  of  a  building,  or  structure,  or  to  any  other 
subject  or  matter,  jurisdiction  whereof  is  conferred  upon  the 
department  of  buildings,  a  variation  from  or  modification  of  its 
requirements,  so  that  the  spirit  of  the  statute,  ordinance,  rule  or 
regulation  shall  be  observed,  public  safety  secured  and  substantial 
justice  done,  may  be  permitted  as  provided  by  this  section.  The 
owner  of  a  building,  or  structure  or  of  a  proposed  building  or 
structure,  or  his  agent,  may  before  presenting  plans  and  specifi- 
cations to  the  department  of  buildings  or  before  an  order  of  the 
department  is  issued,  petition  the  board  for  one  or  more  varia- 
tions or  modifications  stating  the  grounds  therefor.  The  board 
shall  fix  a  day  within  a  reasonable  time  for  a  hearing  on  such 
petition  and  upon  the  hearing  the  petitioner  may  appear  in  per- 
son or  by  agent  or  attorney.  The  decision  of  the  board  shall  be 
rendered  promptly  and  shall  be  final.  A  copy  of  the  petition  and 
decision  shall  be  filed  by  the  secretary  of  the  board  in  the  de- 
partment of  buildings  and,  if  the  petition  be  allowed,  wholly  or 
in  part,  a  certificate  stating  the  reason  for  such  allowance.  Such 
decision  shall  be  controlling  on  the  department  of  buildings. 
(See  §  410,  charter.) 

§  43.  Appeals  to  board  of  standards  and  appeals.  If  the  com- 
missioner of  buildings  reject  or  refuse  to  approve  the  plans  or 
materials  proposed  for  the  construction  or  alteration  of  a  building 
or  structure,  or  if  it  be  claimed  that  a  statute  or  ordinance,  rule 
or  regulation  does  not  apply,  or  an  equally  good  or  more  desirable 
form  of  construction  or  material  can  be  employed  with  a  satis- 
factory result,  the  owner  or  his  agent  may  appeal  from  the  de- 
cision of  the  commissioner  to  the  board  of  standards  and  appeals, 
if  the  amount  involved  exceed  the  sum  of  one  thousand  dollars. 
An  appeal  may  also  be  taien  to  the  board  from  any  order  of  the 
department  of  buildings.  An  appeal  from  such  decision  or  order 
shall  be  taken  by  filing  in  the  department  of  buildings  and  with 
the  secretary  of  the  board  of  standards  and  appeals,  a  notice  of 
appeal  specifying  the  grounds  thereof.  If  the  appeal  be  from  a 
decision  of  the  commissioner  of  buildings,  copies  of  all  papers 
filed  with  the  commissioner  upon  application  for  the  building 
permit  shall  be  filed  with  the  notice  of  appeal.  If  the  appeal  be 
from  an  order,  a  copy  of  the  order  shall  be  filed  with  the  notice 


Consolidation  of  Departments  911 

of  appeal.  Such  notice  shall  be  filed,  if  the  appeal  be  from  a 
decision  of  the  commissioner,  within  ten  days  after  the  entry  of 
such  decision  upon  the  records  of  the  building  department.  If 
the  appeal  be  from  an  order,  the  notice  of  appeal  shall  be  filed 
within  forty-eight  hours  after  service  of  a  copy  of  the  order  ap- 
pealed from. 

(See  charter,  §  411.  The  provisions  of  this  section  are  also 
intended  to  supersede  the  present  provisions  of  the  charter  author- 
izing a  right  of  survey  to  review  orders  of  the  fire  prevention 
bureau. ) 

§  44.  Effect  of  appeal;  hearing;  decision.  An  appeal  from  an 
order  stays  the  execution  and  effect  of  the  order  until  the  decision* 
of  the  appeal,  unless  the  commissioner  of  buildings  certifies  to 
the  board  of  standards  and  appeals  within  twenty-four  hours  after 
the  notice  of  appeal  shall  have  been  filed  with  the  department  of 
buildings,  that  an  emergency  exists  .constituting  an  imminent 
peril  to  life  or  health  and  requiring  in  his  opinion  the  immediate 
execution  of  such  order,  and  stating  the  reasons  therefor.  The 
commissioner  may  at  any  time  after  an  appeal  has  been  taken 
file  with  the  board  a  request  for  an  immediate  decision  stating 
in  writing  his  reasons  therefor  in  which  case  the  board  shall  render 
its  decision  within  five  days  thereafter.  The  board  shall  fix  a 
time  for  the  hearing  of  the  appeal,  and  upon  the  hearing  the 
appellant  may  appear  in  person  or  by  his  agent  or  attorney.  No 
member  of  the  board  shall  pass  upon  any  question  in  which  he 
is  personally  interested,  and  at  least  three  affirmative  votes,  ex- 
clusive of  the  vote  of  the  commissioner  of  buildings  shall  be  neces- 
sary to  reverse  or  modify  the  decision  or  order  appealed  from. 
The  decision  of  the  board  shall  be  rendered  promptly  and  shall 
be  final. 

TITLE    4. 

Tenement  House  Provisions. 

Section  45.  Sanitary  inspection  of  tenement  houses. 

46.  Tenement  house  records. 

47.  Monthly  inspection  of  tenement  houses. 

48.  Reports  respecting  tenement  houses. 

49.  Requests  for  institution  of  actions  respecting  tene- 

ment houses. 

50.  Tenement  house  squad. 

§  45.  Sanitary  inspection  of  tenement  houses.  In  addition  to 
the  exclusive  jurisdiction  conferred  by  this  chapter,  the  depart- 


912  Appendix  III 

ment  of  buildings  shall  have,  concurrently  with  the  department 
of  health,  power  of  sanitary  inspection  of  tenement  houses  and 
the  premises  connected  therewith,     (See  charter,  §  1340.) 

§  46.  Tenement  house  records.  The  commissioner  of  buildings 
shall  keep  a  complete  record  of  tenement  houses  by  card  catalogue 
including : 

1.  A  diagram  of  each  tenement  house  showing  the  shape  of  the 
building,  its  width  and  depth,  also  the  measurements  of  the  un- 
occupied area,  shafts,  courts,  yards  and  other  open  spaces.  Such 
diagram  shall  include  the  plan  of  the  second  or  typical  floor  of 
the  building  showing  the  sizes  and  arrangement  of  the  rooms  and 
all  doors,  stairs,  windows,  halls  and  partitions. 

2.  A  statement  of  when  the  building  was  erected. 

3.  A  statement  of  the  deaths  and  death  rate  therein  during  each 
year  showing  whether  the  deaths  were  of  adults  or  children  and 
the  diseases  causing  the  same  if  occasioned  by  tuberculosis,  typhoid 
fever,  diphtheria,  scarlet  fever,  smallpox,  measles  or  other  con- 
tagious or  infectious  disease. 

4.  A  statement  of  the  cases  of  sickness  from  contagious  or  in- 
fectious diseases  and  whether  of  children  or  adults.  (See  charter, 
§  1344-i.) 

§  47.  Monthly  inspection  of  tenement  houses.  The  commis- 
sioner shall  cause  an  inspection  of  every  tenement  house,  in  which 
the  average  rental  of  apartments  is  less  than  twenty-five  dollars 
per  month,  to-  be  made  at  least  once  in  each  month.  Where  the 
average  rental  of  the  apartments  therein  is  twenty-five  dollars  per 
month  or  more,  such  inspection  may  be  made  in  the  discretion  of 
the  commissioner.  Such  inspection  shall  include  examination  of 
cellars,  water  closets,  privies,  plumbing,  yards,  areas,  fire  escapes, 
roofs,  shafts,  courts,  tanks,  and  all  other  parts  of  such  tenement 
house,  and  of  premises  connected  therewith.  (See  charter,  § 
1344-a.) 

§  48.  Reports  respecting  tenement  houses.  All  dispensaries 
and  hospitals  shall  make  weekly  statements  to  the  department  of 
the  cases  of  sickness  treated  therein  from  each  tenement  house. 
The  statement  shall  show  the  location  of  the  tenement  house,  by 
street  and  number,  the  nature  of  the  sickness,  and  whether  the 
patient  was  an  adult  or  child.  The  police  department  shall  fur- 
nish to  the  department  a  weekly  statement  of  the  number  of  ar- 
rests of  persons  living  in  tenement  houses  which  shall  show  the 
location  of  the  tenement  house,  by  street  and  number,  the  offense 


Consolidation  of  Departments  913 

charged,  the  age  and  name  of  the  offender,  and  such  other  informa- 
tion as  the  department  may  require.  The  commissioner  of  build- 
ings shall  furnish  blank  forms  for  such  statements.  The  depart- 
ment may  also  require  other  reports  relative  to  persons  residing 
in  tenement  houses  from  dispensaries,  hospitals,  charitable  or 
benevolent  societies,  infirmaries,  prisons  and  schools,  and  from 
the  managers,  principals  and  officers  thereof;  and  the  managers, 
principals  and  officers  of  such  institutions  shall  promptly  make 
such  reports  as  the  commissioner  may  require.  (See  charter, 
§§  1344-j,  1344-k.) 

§  49.  Requests  for  institution  of  actions  respecting  tenement 
houses.  The  names  of  owners,  lessees  and  agents  and  persons  hav- 
ing control  of  tenement  houses  shall  be  filed  in,  and  the  taxpayer's 
request  for  the  institution  of  an  action  for  a  lien  upon  a  tenement 
house  shall  be  presented  to  the  department  of  buildings  instead  of 
the  department  of  health.     (See  §  1340,  charter.) 

§  50.  Tenement  house  squad.  The  police  commissioner  on  a 
requisition  of  the  commissioner  of  buildings  shall  detail  to  the 
department  of  buildings  not  more  than  one  hundred  members  of 
the  police  force  of  at  least  five  years'  service.  The  building  de- 
partment shall  pay  monthly  to  the  police  department  a  sum  equal 
to  the  pay  of  the  members  so  detailed,  who  shall  be  known  as  the 
tenement  house  squad,  and  report  to  the  commissioner  of  buildings. 
The  commissioner  of  buildings  may  report  to  the  police  depart- 
ment for  punishment  a  member  of  the  squad  guilty  of  breach  of 
order  or  discipline  or  of  neglect  of  duty.  The  commissioner  of 
buildings  may  reject  a  member  detailed  to  the  squad  and  there- 
upon another  member  shall  be  detailed  in  his  place.  Members  of 
the  police  force  detailed  to  the  tenement  house  squad  at  the  time 
this  chapter  takes  effect  shall  be  deemed  employees  subject  to  trans- 
fer to  the  department  of  buildings,  as  provided  by  this  chapter. 
(See  charter,  §  1344-n.) 

TITLE    5. 
General  Provisions. 

Section  51.  Record  of  applications. 

52.  Permit  for  building;  copies  to  be  filed  with  the  tax 

department. 

53.  Height  of  buildings;   restrictions  as  to  ordinances 
;  regulating. 


914  Appendix  III 

Section  54.  Complaint  book. 

55.  Municipal  explosives  commission. 

56.  Transfer  of  personnel  follows  transfer  of  functions. 

57.  Transfer  of  appropriations,  property  and  records. 

58.  Effect  of  unrepealed  law  or  ordinance. 

59.  Building  code. 

60.  Saving  clause. 

§  51.  Record  of  applications.  The  commissioner  of  buildings 
shall  keep  a  record  of  all  applications  presented  to  him  concerning, 
affecting  or  relating  to  the  construction,  alteration  or  removal  of 
buildings  or  other  structures,  including  therein  the  date  of  the 
filing  of  each  application ;  the  name  and  address  of  the  applicant ; 
the  name  and  address  of  the  owner  of  the  land  on  which  the  build- 
ing or  structure  is  situated ;  the  names  and  addresses  of  the  archi- 
tect and  builder  employed  thereon;  a  designation  of  the  premises 
by  street  number  or  otherwise,  sufficient  to  identify  the  same;  a 
statement  of  the  nature  and  proposed  use  of  the  structure ;  and  a 
brief  statement  of  the  nature  of  the  application,  together  with  a 
memorandum  of  the  decision  of  the  commissioner  upon  such  ap- 
plication and  the  date  of  such  decision.  Such  records  shall  be 
open  for  inspection  to  the  public  at  all  reasonable  times.  (See 
charter,  §  413.) 

§  52.  Permit  for  building;  copies  to  be  filed  with  the  tax  de- 
partment. Whenever  a  permit  shall  have  been  gTanted  for  the 
construction,  alteration  or  removal  of  a  building  or  structure,  the 
department  of  buildings  shall  furnish  to  the  tax  department, 
within  ten  days,  a  copy  of  such  permit,  designating  the  lot  and 
block  or  tax  number  upon  the  tax  map  of  the  premises.  (See 
charter,  §  903.) 

§  53.  Height  of  buildings;  restrictions  as  to  ordinances  regu- 
lating. The  height  of  buildings  and  structures  to  be  erected  in  the 
city  may  be  restricted  and  regulated  by  ordinance  provided  that 
when  an  ordinance  on  such  subject  be  introduced  the  board'  of 
aldermen  shall  provide  for  public  hearings  thereon  before  the 
board  or  a  committee  thereof,  and  no  such  ordinance  shall  be  passed 
except  by  a  majority  of  all  the  members  of  the  board  and  shall  not 
take  effect  until  approved  by  the  board  of  estimate  by  a  vote  of 
members  entitled  to  cast  at  least  twelve  votes.  Such  an  ordinance 
may  be  limited  in  its  application  to  a  part  of  the  city.  (See 
charter,  §  407.) 


Consolidation  of  Departments  915 

§  54.  Complaint  book.  There  shall  be  kept  in  the  department 
a  general  complaint  book,  or  several  such  books,  in  which  may  be 
entered  by  any  person  a  complaint  in  reference  to  a  matter  within 
the  jurisdiction  of  the  department.  Such  book  shall  be  open  to 
public  examination  during  the  office  hours  of  the  department,  sub- 
ject to  such  regulations  as  the  commissioner  may  prescribe.  The 
commissioner  shall  cause  the  facts  in  regard  to  all  complaints  to  be 
investigated.     (See  §  1338,  charter.) 

§  55.  Municipal  explosives  commission.  The  municipal  ex- 
plosives commission,  as  constituted  when  this  chapter  takes  effect, 
is  continued,  except  that  the  commissioner  of  buildings  shall  be  ex 
officio  chairman  and  a  member  of  the  commission,  in  place  of  the 
fire  commissioner.  The  appointive  members  of  the  commission 
shall  hold  office  during  the  pleasure  of  the  mayor.  The  regula- 
tions of  such  commission,  heretofore  continued  as  a  chapter  of 
the  code  of  ordinances  of  the  city,  shall  continue  in  full  force  and 
effect,  subject  to  amendment  or  repeal  by  the  board  of  aldermen, 
except  that  the  powers  and  duties  of  the  fire  commissioner  there- 
under shall  hereafter  be  exercised  and  performed  by  the  commis- 
sioner of  buildings.  (See  §  778-c,  charter,  as  added  by  chapter 
889,  Laws  1911 ;  also  ordinances,  §  419-ff.) 

§    56.     Transfer    of    personnel    follows    transfer    of    functions. 

Where  existing  powers  or  duties  of  a  department,  board,  body, 
office,  division,  bureau,  position  or  employment,  or  officer  or  em- 
ployee of  the  city,  are,  by  this  chapter,  conferred  or  imposed  upon 
the  department  of  buildings,  all  officers  and  employees,  except 
heads  of  departments,  superintendents  of  buildings,  deputies, 
secretaries,  and  chief  building  inspectors,  within  the  jurisdiction 
or  control  of  the  department,  board,  body,  division,  bureau,  office, 
position  or  employment,  or  officer  or  employee,  now  exercising 
such  powers  or  duties  shall,  without  change  of  salary,  be  trans- 
ferred to  the  department  of  buildings.  Service  in  the  depart- 
ment, board,  body,  division,  office,  position  or  employment  from 
which  transferred  shall  for  all  purposes  be  counted  as  service  in 
the  department  of  buildings. 

§  57.  Transfer  of  appropriations,  property  and  records.  Where 
existing  powers  or  duties  of  a  department,  board,  body,  division, 
bureau,  office,  officer  or  employee  of  the  city  are,  by  this 
chapter,  conferred  or  imposed  upon,  or  transferred  to  the  depart- 
ment of  buildings,  all  funds,  property  records,  books,  papers  and 
documents  within  the  jurisdiction  or  control  of  the  department. 


916  Appendix  III 

board,  bodj,  division,  bureau,  office,  officer  or  employee,  now 
exercising  sucli  powers  or  duties,  shall  be  immediately  transferred 
and  delivered  to  the  department  of  buildings.  There  shall  like- 
wise be  transferred  all  unexpended  appropriations  made  by  the 
city  to  enable  the  department,  board,  body,  division,  bureau,  office, 
officer  or  employee,  to  exercise  the  powers  and  duties  so  trans- 
ferred. Records,  books,  papers  and  documents  of  the  state  labor 
department  relating  to  such  of  its  powers  and  duties  in  the  city 
of  New  York  as  by  this  chapter  are  transferred  to  the  department 
of  buildings  shall  also  be  immediately  transferred  and  delivered 
to  the  department  of  buildings.      (See  §  1341,  charter.) 

§  58.  Effect  on  unrepealed  law  or  ordinance.  A  general  law, 
or  special  law,  or  ordinance,  not  specifically  repealed  by  this  chap- 
ter shall,  notwithstanding  the  enactment  of  this  chapter,  continue 
in  force  modified  or  amended  only  to  the  extent  of  vesting  in  the 
department  of  buildings  the  jurisdiction  and  control  conferred  by 
this  chapter. 

§  59.  Building  code.  The  building  code  now  in  force,  subject 
to  amendment  and  repeal,  is  hereby  continued  as  a  chapter  of  the 
code  of  ordinances  until  superseded,      (See  charter,  §  407.) 

§  60.  Saving  clause.  The  provisions  of  this  chapter  shall  not 
affect  or  impair  any  act  done  or  right  accruing,  accrued  or  ac- 
quired or  liability,  penalty,  forfeiture  or  punishment  incurred 
prior  to  the  time  this  chapter  takes  effect,  but  the  same  may  be 
asserted,  enforced,  prosecuted  or  inflicted  as  fully  and  to  the  same 
extent  as  if  this  chapter  had  not  been  enacted.  All  actions  and 
proceedings,  civil  or  criminal,  commenced  under  or  by  virtue  of 
statute,  ordinance,  rule  or  regulation  creating  and  conferring 
powers  or  imposing  duties  transferred  by  this  chapter  to  the  de- 
partment of  buildings,  and  for  the  enforcement  of  statutes, 
ordinances,  rules  and  r^ulations  in  relation  thereto,  and  pending 
immediately  prior  to  the  taking  effect  of  this  chapter,  may  be 
prosecuted  and  defended  to  final  effect  by  and  in  the  name  of  the 
department  of  buildings.  Any  investigations  or  examinations 
undertaken,  commenced  or  instituted  by  a  department,  commis- 
sion, board,  body  or  officer  of  the  city,  or  the  state  labor  depart- 
ment, in  relation  to  a  matter  or  subject  jurisdiction  whereof  is 
conferred  by  this  chapter  on  the  department  of  buildings  may  be 
conducted  or  continued  to  a  final  determination  by  the  depart- 
ment of  buildings  as  though  this  chapter  had  not  been  enacted. 
An  order  of  a  city  department,  commission,  board,  body  or  officer 


Consolidation  of  Departments  917 

in  the  state  labor  department  in  relation  to  a  matter  or  subject, 
jurisdiction  whereof  is  conferred  by  this  chapter  on  the  depart- 
ment of  buildings  is  continued  in  full  force  and  effect,  notwith- 
standing the  enactment  of  this  chapter,  and  may  be  enforced  by 
the  department  of  buildings;  but  the  procedure  for  such  enforce- 
ment shall  be  pursuant  to  the  provisions  of  this  chapter. 


LIST   OF   QUESTIONS  CONCERNING   THE   FIRE 
HAZARD  IN  MERCANTILE  ESTABLISHMENTS* 

Tkis  questionaire  is  submitted  solely  for  the  purpose  of  ob- 
taining the  suggestions  of  those  interested  in  the  problem  of  the 
fire  hazard  in  mercantile  establishments,  so  as  to  guide  the  Com- 
mission in  drafting  its  recommendations  on  the  subject. 

The  Commission  has  not  yet  decided  upon  any  recommenda- 
tions. 

The  questions  herein  set  forth  will  be  considered  at  public  hear- 
ings the  first  of  which  will  be  held  at  the  Aldermanic  Chamber, 
City  Hall,  New  York  City,  on  Tuesday,  April  28th,  at  10  a.  m. 
Dates  of  other  public  hearings  will  be  annoimced  later.  If  you 
desire  to  appear,  please  notify  Abram  I.  Elkus,  chief  counsel  to 
the  Commission,  170  Broadway,  New  York  City.  In  any  event 
the  Commission  will  be  glad  to  receive  your  views  in  writing  at  an 
early  data 

I.  Construction 

1.  Shall  all  vertical  openings  between  floors  be  enclosed  in  fire- 
proof partitions,  or  partitions  of  fire-resisting  materials,  and  all 
openings  from  these  enclosures  to  the  various  floors  be  protected 
by  self-closing,  fireproof  doors  or  windows?  (For  definition  of 
fireproof  partitions  and  partitions  of  fire-resisting  materials,  see 
the  Factory  Law.  Vertical  openings  include  rotundas,  wells, 
stairways,  elevators,  package  chutes,  light  shafts,  belt  openings, 
pipe  and  duct  shafts,  hoistways,  etc.) 

2.  How  many  required  means  of  exit  shall  there  be  from  every 
floor  of  a  building  used  as  a  mercantile  establishment?  What 
types  of  exits  shall  be  accepted  as  required  exits  ? 

3.  Shall  all  required  stairways  extend  continuously  from  the 
floors  which  they  serve,  to  the  street ;  or  to  a  fireproof  passageway 
independent  of  other  means  of  exit  from  the  building,  and  opening 

*  A  mercantile  establishment  is  defined  in  the  Labor  Law  as  "  any  place 
where  goods,  wares  or  merchandise  are  offered  for  sale."  Shall  this  definition 
be  changed  in  any  way? 

[918] 


Hotel  Laundeies  919 

on  a  road  or  street ;  or  to  an  open  area  affording  unobstructed  pas- 
sage to  a  road  or  street  ? 

4.  How  many  required  exits  shall  be  provided  for  eacb  floor 
below  the  street  level,  used  for  purposes  of  the  business,  in  any 
mercantile  building? 

5.  Shall  all  doors  in  buildings  used  for  mercantile  purposes 
open  outward  or  be  double  swinging  doors  ? 

6.  Shall  doors  from  all  interior  rooms  which  are  used  as  work- 
rooms or  from  any  interior  room,  where  more  than  five  persons 
are  permitted,  open  outward  or  be  double  swinging  doos? 

7.  Shall  revolving  doors  be  allowed  at  any  entrance  ? 

8.  Shall  the  width  of  the  hallways,  vestibules  and  required  exit 
doors  leading  therefrom  to  the  street,  be  not  less  than  the  aggre- 
gate width  of  all  stairways  and  exits  leading  to  them  ? 

9.  What  provisions  shall  be  adopted  for  adequate  and  sufEcient 
exit  facilities  in  existing  and  future  mercantile  establishments 
based  upon  area,  height  of  building,  number  of  occupants,  etc.  ? 

10.  What  special  provisions  shall  be  made  for  exits  from  the 
main  floor  of  the  building? 

11.  Is  it  practicable  to  limit  the  number  of  occupants  in  mer- 
cantile establishments  in  accordance  with  the  exit  facilities  pro- 
vided?    If  so,  on  what  basis  should  this  be  done? 

12.  In  what  classes  of  mercantile  buildings  should  an  automatic 
sprinkler  system  be  required  ? 

13.  In  what  classes  of  mercantile  buildings  should  a  fire  alarm 
signal  system  be  required  ? 

II.  Future  Construction 

14.  Shall  the  open  floor  area  between  fire  walls  be  limited  ?  If 
so,  on  what  basis,  and  should  there  be  a  distinction  made  in  this 
regard  between  sprinkled  and  non-sprinkled  buildings  ? 

III.  Maintenance 

15.  In  what  classes  of  mercantile  establishments  shall  fire  drills 
be  required  ?     How  shall  they  be  conducted  ? 

16.  How  shall  aisles  throughout  the  building  be  arranged  so  as 
to  afford  safe  passageways  to  every  means  of  egress  ? 

17.  Shall  the  reduction  in  width  of  aisles  in  the  direction  of  an 
exit,  be  prohibited  ? 


920  .   Appendix  III 

18.  Shall  obstruction  of  any  kind,  fixed  or  movable,  be  allowed 
to  divide  or  block  the  aisles  ? 

19.  What  provision  shall  be  made  for  exits  from  interior  rooms 
in  a  mercantile  building? 

20.  Shall  packing  rooms,  where  inflammable  material  is  used, 
be  enclosed  in  fireproof  partitions  ? 

21.  Shall  excelsior,  paper,  clippings  or  other  inflammable  ma- 
terial used  for  packing  purposes  be  baled  and  stored  in  a  fireproof 
room,  and  all  loose  excelsior  in  use  in  packing  rooms  kept  in  ap- 
proved fireproof  bins  ? 

22.  Shall  approved  fireproof  receptacles  be  provided  through- 
out the  building  for  the  reception  of  waste  matei'ial  and  nibbish  ? 

23.  Where  gas  or  kerosene  is  used  for  lighting  purposes,  shall 
the  lights  be  placed  at  least  eighteen  inches  distant  from  inflam- 
mable stock  and  be  protected  bv  wire  safety-cages  ?  Shall  movable 
brackets  be  permitted  ? 

24.  Shall  all  kitchens  or  bakeries  located  in  mercantile  estab- 
lishments be  enclosed  in  fireproof  partitions  and  separated  from 
the  rest  of  the  building  by  such  partitions  ? 

25.  Shall  smoking  be  prohibited  in  every  mercantile  establish- 
ment where  more  than  ten  persons  are  employed,  except  in  fire- 
proof enclosed  rooms  set  aside  for  that  purpose? 

26.  Shall  all  exits  be  plainly  marked  by  means  of  a  red- 
lighted  sign  ?  Shall  there  be  any  special  form  of  signs  at  horizon- 
tal exits. 

27.  Shall  there  be  red-lighted  index  signs  showing  the  most 
direct  path  to  the  various  exits  ? 

28.  Where  there  are  difi^erent  floor  levels  in  any  building  or 
group  of  buildings  used  as  a  mercantile  establishment,  shall  the 
connection  between  floor  levels  be  by  means  of  gradients  having  a 
non-slipping  surface? 

IV.   Gexkrai. 

29.  What  conditions  constitute  the  most  serious  fire  hazards  in 
department  stores? 

30.  What  recommendations  would  you  make  to  minimize  the 
fire  hazard  in  department  stores  other  than  those  suggested  by  the 
foregoing  questions? 


Hotel  Laundeies  921 

7.  STUDY  OF  HOTEL  LAUNDEIES 
By  Sally  M.  Fkakkenstein 

The  Commission's  study  of  hotel  laundries  made  during  the 
month  of  June,  1914,  was  confined  almost  exclusively  to  the  wel- 
fare of  women,  since  they  constitute  about  75  per  cent,  of  the 
working  force. 

Because  of  the  short  time  available  it  was  necessary  to  confine 
our  observations  to  a  few  general  points. 

(1)  Conditions  of  work. 

(2)  Length  of  houi"s. 

(3)  Wages. 

The  investigator  secured  the  information  from  managers  of 
hotels,  the  superintendent  or  manager  of  the  laundry,  and  in  six 
instances  from  conversation  with  employees;  visiting  in  all 
twenty-eight  (28)  hotels.  Of  these  nine  (9)  had  no  laundries  and 
one  (1)  conducted  a  regular  public  laundry,  thus  coming  under 
the  jurisdiction  of  the  Department  of  Labor.  The  study,  there- 
fore, included  eighteen  (18)  hotel  laundries,  in  which  four  hun- 
dred and  seventy-seven  (477)  women  were  found  employed. 

Situation. —  Thirteen  (13)  of  the  laundries  were  situated  in 
cellars;  three  (3)  in  basements  and  eight  (8)  above  the  street  floor 
(on  the  9th,  10th,  15th,  19th  or  26th  floors). 

Lighting. —  Those  in  cellars  receive  no  natural  light  or  sun- 
light and  in  about  60  per  cent,  of  these  it  would  have  been  diffi- 
cult to  read  a  newspaper  without  straining  the  eyes. 

Ventilation. —  Ventilation  in  all  the  cellar  laundries  was  by 
indirect  means  and  in  two  laundries  the  ventilating  system  was 
noticeably  poor  and  the  rooms  were  hot  and  steamy.  This  was 
caused  in  one  case  by  unhooded  or  insufficiently  hooded  mangles, 
which  allowed  the  steam  and  heat  to  escape  into  the  room.  In 
the  other  the  ventilating  system  was  poor  because  of  inadequate 
exhaust  fans. 

Exits. —  Apparently  most  of  the  laundries  were  planned  and 
erected  with  little  or  no  thought  of  providing  adequate  fire  pro- 
tection to  the  people  who  work  in  them  daily.  Situated,  as  many 
of  them  are,  in  the  cellar,  the  proper  means  of  exit  in  case  of  fire 
or  panic  were  lacking  in  a  number  of  instances.     The  exits  in  a 


922  Appendix  III 

large  majority  of  hotel  laundries  situated  in  the  cellar  are  through 
winding  passages  remote  from  the  laundries,  and  in  no  cases  were 
the  exits  indicated  by  signs  or  other  notices. 

In  one  hotel  the  manager,  who  was  showing  the  investigator 
through  the  laundry,  could  not  find  the  direct  exit  to  the  street 
and  went  into  several  rooms  and  out  again  in  his  search  for  it. 
An  employee  was  asked  where  it  was  and  he  did  not  know. 
Finally  it  was  found  enclosed  in  a  small  room  with  the  door 
closed  and  no  exit  sign  on  the  door.  Another  means  of  exit  was 
by  the  street  elevator,  with  no  sides,  so  small  that  but  two  or  three 
people  could  safely  stand  on  it.  This  hotel  had  its  cellar  pas- 
sageways filled  with  rubbish. 

Hours. —  The  women  in  five  (5)  out  of  the  eighteen  (18) 
hotels  were  working  over  fifty-four  (54)  hours  a  week  regularly; 
in  four  (4)  of  these  they  worked  sixty  (60)  hours  and  in  one  (1) 
fifty-nine  (59)  hours.  Six  (6)  admitted  having  occasional  over- 
time work  and  eight  (8)  laundries  were  running  regularly  on 
Sunday.  The  employees  who  worked  on  Sunday  had  no  day  of 
rest  during  the  week. 

Machinery. —  Ten  (10)  hotel  laundries  had  some  machine  or 
part  of  some  machine  unguarded.  In  four  (4)  of  them  the  ex- 
tractors were  without  covers,  a  particularly  dangerous  condition 
and  one  liable  to  result  in  injury  to  the  worker. 

Wages. —  The  salaries  range  from  sixteen  dollars  ($16)  per 
month  without  board  or  room  to  forty-five  dollars  ($45)  per 
month  with  boai'd  and  room.  Four  (4)  hotels  give  rooms  and 
board  to  some  of  the  employees;  six  (6)  hotels  give  board  alone; 
two  (2)  give  lunches  only,  and  four  (4)  give  neither  board  nor 
room. 

In  one  of  the  largest  and  best  of  the  New  York  City  hotels, 
where  board  and  room  were  given,  seven  women  were  found  living 
together  in  one  small  room. 

It  is  evident  that  the  managers  of  hotel  laundries  face  an  ex- 
traordinary difficult  task  in  planning  for  the  working  hours  of 
their  employees.  Catering  for  the  most  part  to  their  transient 
guests,  they  must  be  prepared  to  do  a  large  order  in  a  few  hours. 
In  many  of  the  hotel  laundries,  employees  are  subject  to  call,  at 
night  or  at  other  times  when  off  duty,  if  a  rush  order  comes  in. 


Hotel  Laundries  ^  923 

The  hotel  owners  and  managers  have  always  felt  that  their 
laundries  should  be  exempt  from  the  Labor  Law  because  they  re- 
gard their  hotels  as  private  and  no  more  to  be  regulated  than 
boarding  houses. 

The  distinction  between  these  is  clearly  brought  out  in  a  brief 
submitted  in  the  case  of  the  People  of  the  State  of  Illinois  versus 
Eldering,  which  states  that  the  distinction  between  a  hotel  and  a 
boarding  house  is  that  into  the  former  all  travellers  can  go,  but  a 
keeper  of  a  boarding  house  has  a  right  to  select  her  own  guests. 
This  distinction  exists  in  the  common  law  and  has  been  fre- 
quently recognized  by  legislation. 

Recommendations. —  Hotel  laundries,  therefore,  should  come 
under  the  Labor  Law  because 

( 1 )  They  are  quasi-public  places. 

Bowlin  V.  Lyon,  67  la.  536  (538). 
"  When  an  innkeeper  obtains  his  license,  he  takes  upon 
himself  a  public  employment,  and  he  is  bound  to  serve  the 
public.  The  employment  is  for  the  benefit  of  the  public  and 
not  for  his  own.  private  gain.  He  is  obliged  to  keep  his 
house  open  Sundays  as  well  as  other  days.  He  cannot  re- 
fuse to  receive  and  furnish  with  food  and  liquor  (unless 
liquor  is  excluded  by  his  license)  all  persons  who  are  willing 
to  pay  a  price  adequate  to  the  sort  of  accommodation  pro- 
vided ;  and  who  come  in  a  situation  in  which  they  are  fit  to 
be  received  and  demean  themselves  with  proper  decorum. 
If  he  refuse,  without  reasonable  excuse,  or  if  he  furnish  un- 
wholesome food  or  liquors  an  action  lies  against  him." 

(2)  Existing  conditions  justify  some  regulation. 

It  has  been  brought  out  in  the  study  that  employees  of 
laundries  are  subject  to  long  hours  of  labor,  including  over- 
time, fire  hazards  and  dangerous  machinery. 

(3)  All  other  laundries  are  under  the  supervision  of  the  De- 
partment of  Labor. 

Employees  in  hotel  laundries  are  required  to  answer  to 
the  same  spur  and  pressure  of  the  increasing  demand  of  the 
public,  whom  these  employees  are  required  to  serve,  as  in 
other  laundries. 


924 


Appendix  III 


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